Lisa Whittington v. Walmart, Inc. and Adam Bourgeois

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LISA WHTTTINGTON NO. 2021 CW 0746

VERSUS PAGE 1 OF 2

WALMART INC. AND ADAM BOURGEOIS

NOVM4BER 0 3, 2 0 21

In Re: Walmart Inc., applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 128735.

BEFORE: GUIDRY, HOLDRIDGE, CHUTZ, PENZATO, AND WOLFE JJ.

WRIT GRANTED. Discovery statutes are to be liberally and

broadly construed to achieve their intended objectives. There are limitations to this rule, however, when justice requires

that a party be protected from annoyance, embarrassment,

oppression, or undue burden or expense. La. Code Civ. P. art.

1426; Stolzle v. Safety & Systems Assurance Consultants, Inc., 2002- 1197 ( La. 5/ 24/ 02), 819 So. 2d 287, 289 ( per curiam). It is well settled that the trial court has broad discretion in regulating discovery, pre- trial and the trial court' s rulings

will not be disturbed absent a clear showing of an abuse of that discretion. Laborde v. Shelter Mutual Insurance Co., 2012- 0074 La. 3/ 9/ 12), 82 So. 3d 1237, 1238 ( per curiam). In determining whether the trial court erred, an appellate court must balance the information sought in light of the factual issues involved and the hardships that would be caused by the court' s order.

Lehmann v. American Southern Home Ins. Co., 615 So. 2d 923, 925- 26 ( La. App. 1st Cir.), writ denied, 617 So. 2d 913 ( La. 1993). A stipulation amounts to full proof against those who made it. It has the effect of withdrawing a fact from issue and disposing wholly with the need for proof of that fact. A stipulation has the effect of a judicial admission or confession, which binds all parties and the court. Terral v. Waffle House, Inc., 96- 0589 La. App. 1st Cir. 12/ 20/ 96), 684 So. 2d 1165, 1167- 68. When a

defendant stipulates to liability, that defendant acknowledges that its fault ( substandard performance of a legal duty owed to plaintiff for the protection from certain risks of harm) caused

the plaintiff to sustain some damage. Hall v. Brookshire Bros., Ltd., 2002- 2404 ( La. 6/ 27/ 03), 848 So. 2d 559, 567. In the case

before this court, Walmart Inc. has stipulated to liability, thereby admitting that it had certain duties toward plaintiff,

Lisa Whittington, which were breached due to substandard performance. Although the discovery statutes are to be liberally and broadly construed, it does not appear that any relevant

information would be discovered through the fact depositions of

the defendant' s former and current employees regarding Walmart' s policies and procedures, or the events that took place on June 2, 2019, as the issues of duty and breach have been already stipulated. Therefore, we grant this writ application, reverse STATE OF LOUISIANA

NO. 2021 CW 0746

PAGE 2 OF 2

the trial court' s May 4, 2021 ruling denying Walmart' s motion

for protective order in accordance with La. Code Civ. P. art.

1426( A)( 1), and grant same, prohibiting the depositions of

Walmart' s former and current employees.

JMG WRC

AHP EW

Holdridge, J. agrees in part and dissents in part. I would grant the writ application to reverse the trial court and grant

a protective order to prohibit the unlimited depositions of

Walmart' s former and current employees. However, I would allow

the depositions of former and current employees of Walmart by serving written questions in accordance with La. Code Civ. P. art. 1448. This would allow the defendant to object and for

judicial review prior to the actual taking of the depositions.

DEPUTYWRKOFRT FOR THE COURT