STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MORGAN IRWIN, INDIVIDUALLY NO. 2025 CW 0840 AND ON BEHALF OF MINOR CHILD, OAKLYNN SIMON, AND TORI DUFRENE VERSUS ARTURO GARCIA, LOGISTIK XPRESS, LLC, UNITED SPECIALTY INSURANCE COMPANY, BRUCE FORSHEE, ERGON TRUCKING, INC., HUDSON INSURANCE COMPANY, EVENT SOLUTIONS OF LOUISIANA, LLC, PATRICK MEAUX, FIRST LIBERTY OCTOBER 2, 2025 INSURANCE COMPANY, JESSE ONTIVEROS, AND CHACON AUTOS In Re: Morgan Irwin individually and on behalf of the minor Oaklyn Simon, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 712769.

BEFORE: McCLENDON, C.J, GREENE AND STROMBERG, JJ.

STAY DENIED; WRIT GRANTED IN PART WITH ORDER AND DENIED IN PART. The portion of the district court’s July 22, 2025 judgment which granted defendants’ motion for attorneys’ fees in the amount of $750 is reversed. Defendants failed to prove entitlement to such fees for the motion to compel. In addition, defendants failed to prove a legal or evidentiary basis for the award of attorneys’ fees herein pursuant to their motion for attorney’s fees, which specifically sought the fees in connection with a prior hearing.

The writ is denied as to the portions of the district court’s judgment which ordered plaintiff, Morgan Irwin, to submit to an independent medical examination (now known as an “additional medical opinion” pursuant to La. Code Civ. P. art. 1464) and vocational rehabilitation evaluation. However, the writ is granted for the purpose of remanding this matter to the district court with instructions to comply with La. Code Civ. P. art. 1464 to specify the time, place, manner, conditions, and scope of such examination and evaluation and the person(s) performing the examination and evaluation.

PMc HG TPS COURT OF APPEAL, FIRST CIRCUIT tenon nent Cx OF COURT FOR THE COURT