JEREMY FACIANE AND FAITH FACIANE NO. 25-C-360 VERSUS FIFTH CIRCUIT MORTEZA SHAMSNIA, M.D., ET AL., UNITED COURT OF APPEAL EDUCATORS' INSURANCE, A RECIPROCAL RISK RETENTION GROUP STATE OF LOUISIANA

August 12, 2025 Morgan Naquin Deputy Clerk

IN RE UNITED EDUCATORS INSURANCE, A RECIPROCAL RISK RETENTION GROUP APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION "I", NUMBER 756-172

Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Scott U. Schlegel

WRIT DENIED; STAY DENIED In this emergency writ application, relator/defendant, United Educators Insurance, a Reciprocal Risk Retention Group, seeks this Court’s supervisory review of the trial court’s August 11, 2025 ruling which granted the motion in limine filed by plaintiff, Faith Faciane. Plaintiff argued in her motion that based on La. R.S. 32:295(F), defendant should be precluded from offering testimony or any evidence of Jeremy Faciane not being placed in a booster seat at the time of the subject accident. Relator also requested a stay of the trial which is already in progress.

La. R.S. 32:295(F) provides: In no event shall failure to wear a child passenger safety seat system be considered as comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence, nor shall such failure be considered a moving violation.

A trial court is afforded broad discretion in its consideration of evidentiary matters, including motions in limine, which are not to be disturbed on review absent a clear abuse of that discretion. George v. Progressive Waste Solutions of La., Inc., 22-1068 (La. 12/9/22), 355 So.3d 583, 587.

Upon review, based on the showing made and La. R.S. 32:295(F), we find no clear abuse of the trial court’s great discretion in granting the motion in limine precluding defendant from offering testimony or any evidence of Jeremy Faciane not being placed in a booster seat at the time of the subject accident.

Accordingly, this writ application is denied. Relator’s request for a stay is also denied.

Gretna, Louisiana, this 12th day of August, 2025.

JGG MEJ SUS SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. TRAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/12/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

25-C-360 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Nancy A. Miller (DISTRICT JUDGE) George D. Fagan (Relator) Neal J. Favret (Respondent) Leila A. D'Aquin (Relator) MAILED Karen E. Futch (Relator) Dean J. Favret (Respondent) Jessica A. Longacre (Relator) Attorney at Law Attorney at Law 1555 Poydras Street 1100 Poydras Street Suite 1600 Suite 1700 New Orleans, LA 70112 New Orleans, LA 70163