Simien v. Frazier

Louisiana Court of Appeal

Simien v. Frazier

527 So. 2d 309, 1987 La. App. LEXIS 11244, 1987 WL 47353

CourtLouisiana Court of Appeal

DecidedDecember 30, 1987

DocketNo. W87-1275

StatusPublished

Cited by1 cases

This text of 527 So. 2d 309 (Simien v. Frazier) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Simien v. Frazier, 527 So. 2d 309, 1987 La. App. LEXIS 11244, 1987 WL 47353 (La. Ct. App. 1987).

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Opinion

WRIT GRANTED AND MADE PEREMPTORY: The trial court was incorrect in denying relators’ Motion to Compel Discovery. LSA-C.C.P. art. 1422 and McHugh v. Chastant, 503 So.2d 791 (La.App. 3rd Cir.1987). The report involved in this suit was compiled in the normal course of the hospital’s operating procedure. Given the content, nature, and purpose of the report, LSA-C.C.P. art. 1424 does not provide an exception as to this report from the general discovery rule since the report was not necessarily prepared for the sole purpose of or in anticipation of litigation as contemplated by art. 1424.

IT IS ORDERED that the trial court’s judgment denying relators’ Motion to Compel Discovery is reversed and the trial court is hereby ordered to grant the relator’s motion to compel.

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WRIT GRANTED AND MADE PEREMPTORY: The trial court was incorrect in denying relators’ Motion to Compel Discovery. LSA-C.C.P. art. 1422 and McHugh v. Chastant, 503 So.2d 791 (La.App. 3rd Cir.1987). The report involved in this suit was compiled in the normal course of the hospital’s operating procedure. Given the content, nature, and purpose of the report, LSA-C.C.P. art. 1424 does not provide an exception as to this report from the general discovery rule since the report was not necessarily prepared for the sole purpose of or in anticipation of litigation as contemplated by art. 1424.

IT IS ORDERED that the trial court’s judgment denying relators’ Motion to Compel Discovery is reversed and the trial court is hereby ordered to grant the relator’s motion to compel.

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Bluebook (online)

527 So. 2d 309, 1987 La. App. LEXIS 11244, 1987 WL 47353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simien-v-frazier-lactapp-1987.

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