STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT IN RE: MEDICAL REVIEW PANEL NO. 2021 CW 0268 PROCEEDINGS FOR SHANDOLYNN HEBERT

MAY 10, 2021

In Re: Mark J. Dominguez, M. D., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2018- 10450.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT GRANTED. The district court' s February 5, 2021 judgment that denied defendant' s Motion to Quash Notice of Records Deposition for Production Records Subpoena of Only and Duces Tecum is reversed.

The credibility of the plaintiff in a personal injury case is key. Surveillance video can be a critical means of testing the plaintiff' s credibility with respect to the physical injuries and limitations claimed. The search for truth is best served by a general rule favoring post- deposition production of surveillance video unless special circumstances necessitate pre -deposition disclosure. See Wolford v. JoEllen Smith Psychiatric 96- 2460 ( La. 5/ 20/ 97), 693 Hosp., So. 2d 1164. We conclude the plaintiff failed to carry her burden of showing special circumstances pre -deposition necessitating disclosure of the surveillance video. Therefore, defendant' s Motion to Quash Notice of Records Deposition for Production of Records Only and Subpoena Duces Tecum is granted, and defendant is not required to disclose the surveillance video to plaintiff until her deposition is completed.

JMM GH AHP

COURT OF APPEAL, FIRST CIRCUIT

7p4om,/ DEPUTYWCLRK gi OF COURT FOR THE COURT