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