Ebony Brown v. Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/b/a A Weatherspoon Trucking, Daniel Johnson, and State Farm Mutual Automobile Insurance Company (in its capacity as uninsured/underinsured motorist carrier)

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT I: 1 1,1011M•i_ 1go]W1I NO. 2022 CW 0019 VERSUS BERKSHIRE HATHAWAY HOMESTATE INSRUANCE [ sic] COMPANY, ARTHUR WEATHERSPOON D/ B/ A WEATHERSPOON TRUCKING, DANIEL JOHNSON, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY ( IN ITS CAPACITY AS APRIL 8, 2022 UNINSURED/ UNDERINSURED MOTORIST CARRIER) In Re: Berkshire Hathaway Homestate Insurance Company, Arthur Weatherspoon d/ b/ a Weatherspoon Trucking, applying for supervisory writs, 19th Judicial. District Court, Parish of East Baton Rouge, No. 666793. BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ. WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981)( per curiam) are not met. PMC JEW Theriot, J., concurs in part and dissents in part. I would grant the writ in part and deny the portion of plaintiff' s motion in limine as to evidence regarding plaintiff' s attorney' s referral of plaintiff to her treating physicans. See Talbot v. Elec. Ins. Co., 2017- 299- SDD- EWD ( M. D. La. Nov. 16, 2018), 2018 WL 8224789; Gunn v. Robertson, 2001- 347 ( La. 5th Cir. App. 11/ 14/ 01), 801 So. 2d 555, 566, writs denied, 2002- 0170, 2002- 0176 ( La. 3/ 22/ 02), 811 So. 2d 942. COURT OF APPEAL, FIRST CIRCUIT DEPUTY CL RK OF COURT FOR THE COURT