STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LISA R. FRIEDLEY AND ROBERT NO. 2020 CW 0989 J. FRIEDLEY

VERSUS

PAUL V. PULIDO, GUNITE NOVEMBER 23, 2020 EXPRESS, AND GENERAL STAR INDEMNITY COMPANY

In Re: Raul V. Pulido, Gunite Express, Starr Indemnity & Liability Company, and Continental Insurance Company, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 120260.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT GRANTED. The portion of the district court' s October 5, 2020 judgment granting the Motion to Quash and for Protective Order filed Plaintiffs, Lisa R. Friedley Robert J. by and

Friedley, is hereby reversed. " A party may . . . discover facts known by and opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial upon a showing of exceptional circumstances under which it is impracticable for the discovery to obtain facts or opinions on the party seeking same subject by other means." La. Code Civ. P. art. 1425( D)( 2).

Herein, Defendants, Raul V. Pulido, Gunite Express, and Starr Indemnity & Liability Company (" Defendants"), successfully demonstrated exceptional circumstances warranting discovery, as the Friedleys' non - testifying expert, Wayne Winkler, is the only expert who had the opportunity to examine the trailer that was

struck by Raul V. Pulido before it was sold and repaired. As such, " there is no practicable method of reproducing that scene." See Fisher -Rabin Medical Center v. Burdick Corp., a Div. of Kone Instruments, Inc., 525 So. 2d 1178, 1181 ( La. App. 5th Cir.), writ denied, 531 So. 2d 475 ( La. 1988). Accordingly, the Motion to Quash and for Protective Order filed by Plaintiffs, Lisa R. Friedley and Robert J. Friedley, is denied.

JMM GH AHP

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY 46U AA- - CLERK OF OURT FOR THE COURT