STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT GARY C. BERTRAND AND MELISSA P. NO. 2020 CW 0173 BERTRAND

VERSUS

GLENN J. PATRICK; AIG PROPERTY CASUALTY COMPANY; AND LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY APR 2 g 2020 Consolidated With

LISA SIMPSON AND LESTER SIMPSON

VERSUS

GLENN PA`T' RICK, AIG PROPERTY CASUALTY COMPANY AND STATE FARM MUTUAL INSURANCE COMPANY

In Re: Glenn Patrick and State Farm Fire and Casualty Company, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 77, 752 c/ w 77, 774

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' 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.

VGW WJB

Guidry, J., dissents. The records from Our Lady requested

of the Lake Regional Medical Center are discoverable only to the extent that they relate to the blood alcohol level and/ or alcohol consumption of Mr. Patrick on the date of the accident in question. See La. Code Evid. art. 510( 3)( 2)( i).

Accordingly, I would order Our Lady of the Lake Regional Medical Center to produce all responsive documents and direct the district court to conduct an in camera review of the responsive documents to determine which portions are subject to production.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLERK OF COURT FOR THE COURT

1 Judge William J. Burris, retired, serving pro tep2Nore by special appointment of the -- ouis- ana Supreme Court.