Supreme Court of Louisiana, 1997

Byrd v. River Parish Maintenance, Inc.

Byrd v. River Parish Maintenance, Inc.
Supreme Court of Louisiana · Decided June 13, 1997 · Calogero, From, Johnson, Kimball, Lemmon
695 So. 2d 976; 1997 La. LEXIS 1732; 1997 WL 339615 (Southern Reporter, Second Series)

Byrd v. River Parish Maintenance, Inc.

Opinion of the Court

In re River Parish Maintenance, Inc.;— Defendant(s); applying for supervisory and/or remedial writs; Parish of St. Charles, 29th Judicial District Court, Div. “C”, No. 46,079; to the Court of Appeal, Fifth Circuit, No. 97-CW-0089.

Granted. Plaintiff has failed to make a sufficient showing that denial of production of the statement will unfairly prejudice him, or result in undue hardship or injustice. La. Code Civ.P. art. 1424; cf. Ogea v. Jacobs, 344 So.2d 953 (La. 1977). Accordingly, the judgment of the trial court ordering production of the statements is reversed and set aside, and the case is remanded to the trial court for further proceedings.

CALOGERO, C.J., and LEMMON and KIMBALL, JJ., dissent from the order. JOHNSON, J., not on panel.

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