STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KATHY L. CULBERATH NO. 2021 CW 1531 VERSUS STATE OF LOUISIANA, SOUTHEASTERN LOUISIANA UNIVERSITY, GEICO CASUALTY COMPANY, GOVERNMENT MARCH 14, 2022 EMPLOYEES INSURANCE COMPANY AND LATRIKA SMITH

In Re: State of Louisiana, through the Board of Supervisors for the University of Louisiana System, Southeastern Louisiana University, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 672315.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.

WRC

Guidry, J. , concurs. The criteria set forth in Herli tz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam) are not met.

Holdridge, J., dissents and would grant the writ. I find defendants have shown good cause for an additional medical examination since plaintiff has filed this action seeking damages for personal injuries against defendants, placing her condition in controversy. La. Code Civ. P. art. 1464.

Accordingly, I would grant defendants' motion to compel another medical opinion and order plaintiff to submit to an additional medical examination by Dr. Summers, but remand this matter to the trial court with instructions to comply with La. Code Ci v. P. art. 1464 to specify the time, place, manner, conditions, and scope of that examination.

COURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK~F COURT FOR THE COURT