Robert McCormick v. United Services Automobile Association

• Court: Louisiana Court of Appeal
• Decided: March 3, 2020
• Docket: 2019CW1582
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ROBERT McCORMICK NO. 2019 CW 1582

VERSUS

UNITED SERVICES AUTOMOBILE MAR Q 3 2020 ASSOCIATION

In Re: United Services Automobile Association, for applying supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 77971.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of

the trial court' s October 24, 2019 judgment Dr. excluding Everett Robert' s testimony regarding recommendations and/ or

appropriateness of plaintiff' s past medical treatment is vacated only to the extent the Dr. Robert' s ruling precludes testimony as to causation of plaintiff' s injuries. Defendant has admitted that it is not asserting bad faith by plaintiff. Accordingly, defendant cannot assert that past medical expenses were for unnecessary expenses or overtreatment, and' the trial court

properly excluded such evidence. See Spangler v. Wal- Mart Stores, Inc., 95- 2044 ( La. App. 1st Cir. 5/ 10/ 96), 673 So. 2d 676, 679, writs denied, 96- 1450, 1407 ( La. 9/ 27/ 96), 679 So. 2d 1. 353. However, to the extent Dr. Robert intends to testify as to the causation of any of plaintiff' s injuries, such testimony should not be precluded.

VGW JMG WJB

DEPUTY CLERK OF COURT FOR THE COURT

1Judge1Judge WilliamWilliam J.J. Burris,Burris, retired,retired, serving serving propro temporetempore byby specialspecial appointmentappointment ofof thethe LouisianaLouisiana SupremeSupreme Court.Court.