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), 2022CW0019

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)

2022CW0019

| La. Ct. App. | Apr 8, 2022

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*1 STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT I: 1 1,1011M•i_1go] W1I 2022 CW 0019 NO. 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 the writ in part and deny the portion of plaintiff' s grant 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. App. 5th Cir. 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