Sass v. National Union Fire Insurance Co.

| iPLOTKIN, Judge,

dissenting with written reasons:

I respectfully dissent from the majority decision reversing the trial court judgment compelling the production of a recorded statement given by the defendant tortfea-sor/employee to an agent of his defendant self-insured employer on the day of the accident, as well as a report made by him within days of the accident and mailed to his employer.

The defendants claim and the majority holds that the statement and report are protected from discovery by the attorney work-product rule established by La. C.C.P. art. 1424, which protects materials…