Supreme Court of Louisiana, 1998

Fisher v. State ex rel. Dept. of Transportation & Development

Fisher v. State ex rel. Dept. of Transportation & Development
Supreme Court of Louisiana · Decided March 16, 1998 · Lemmon, Marcus, Traylor, Victory
713 So. 2d 477; 1998 La. LEXIS 805; 1998 WL 281305 (Southern Reporter, Second Series)

Fisher v. State ex rel. Dept. of Transportation & Development

Opinion of the Court

In re State Farm Mutual Auto. Ins.;— Defendant(s); applying for supervisory and/or remedial writs; Parish of Rapides, 9th Judicial District Court, Div. “F”, Nos. 186,-112, 188,037; to the Court of Appeal, Third Circuit, No. CW98-0335.

Denied.

Dissenting Opinion

MARCUS, VICTORY and TRAYLOR, JJ.,

would grant the writ, being of the opinion that the blanket request for production of an entire claims file is over broad. We would remand to the trial court permitting relators to renew their discovery requests by stating generally the types of documents that they seek and by showing prejudice, undue hardship, or injustice from the denial of the production. La. Code Civ.Proc. 1462. If the types of documents appear to be relevant to the plaintiffs’ claims, the trial court should conduct in camera inspections of the claims files to determine the discoverability of the documents.

LEMMON, J., not on panel.

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