Quincy and Lisa Brown v. Elray Kocke Service, Inc., State Farm Mutual Automobile Insurance Company, and Herbert Hettinger, and Burlington Insurance Company

• Court: Louisiana Court of Appeal
• Decided: January 26, 2022
• Docket: 2021CW1454
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

QUINCY AND LISA BROWN NO. 2021 CW 1454

VERSUS

ELRAY KOCKE SERVICE, INC., JANUARY 26, 2022 S' LA'TE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AND HERBERT HETTINGER

In Re: Quincy Brown, applying for writs, 18th supervisory Judicial District Court, Parish of Iberville, No. 80110.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED. We reverse the trial court' s October 26, 2021 oral ruling that granted the defendants, Kocke Service, Elray Inc.' s and Burlington Insurance Company' s motions to compel full neuropsychological examination of the Brown. plaintiff, Quincy The moving party has not demonstrated the existence of good cause for such examination. See Williams v. Smith, 576 So. 2d 448, 452 ( La. 1991). Therefore, defendants have not established their entitlement to require plaintiff to submit to an additional medical examination with a neuropsychologist. See La. Code Civ. P. art. 1464. The motions to compel neuropsychological medical filed examination by defendants are denied. See also

Young v. Zurich Am. Ins. Co., 21- 0345 ( La. lst Cir. App. 6/ 18/ 21), 2021 WL 2497463, p.* l.

PMC MRT

WELCH, J., concurs. In addition to the reasons stated by the majority, I conclude that defendants failed to prove that their intended expert is a licensed clinical psychologist or that plaintiff provided notice of his intent to use such an expert.

DEPUTY LERK F COURT FOR THE COURT