STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MEYLIN CASTRO, INDIVIDUALLY, NO. 2022 CW 0284 AND ON BEHALF OF HER MINOR CHILDREN, MONICA GISSELL CASTANEDA- GASTRO, DAVID MEDIA- CASTRO, AND DYLAN SNEIJDER MEDIA - GASTRO, AND MEYLIN P. CASTRO

VERSUS

CHURCH MUTUAL INSURANCE COMPANY, FIRST UNITED METHODIST CHURCH OF DENHAM SPRINGS, ABC INSURANCE COMPANY, SUNBELT RENTALS SCAFFOLD SERVICES, LLC, XYZ INSURANCE COMPANY, AND 1 PRIORITY ENVIRONMENTAL MARCH 30, 2022 SERVICES, INC.

In Re: 1 Priority Environmental Services, Inc. and Sunbelt Rentals Scaffold Services, LLC, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 669, 445.

BEFORE: GUIDRY, MCCLENDON, WELCH, THERIOT, AND WOLFE, JJ.

WRIT GRANTED. The portion of the district court' s ruling which allows the video recording of the additional medical examination of plaintiff, Meylin by Jose Lafosse, Ph. D., Castro, ABPP, is reversed. In reviewing the writ application before us, we do not find that the plaintiff has made the required showing of special circumstances to warrant the imposed condition of recording the additional medical examination. Accordingly, the writ is granted and the additional medical examination of plaintiff with Dr. Lafosse is to proceed without video recording.

JMG PMc MRT

Welch and Wolfe, JJ., dissent and would deny the writ. 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.

COURT OF APPEAL, FIRST CIRCUIT

P CLERK OF COURT FOR THE COURT