Legal Opinion · Concurring in part, dissenting in part
Hoerner v. ANCO Insulations, Inc.
Louisiana Court of Appeal
Decided February 3, 1999No. Nos. 98-C-1398, 98-C-1598Published
1Concurring in part, dissenting in part
11 JAMES C. GULOTTA, J. Pro Tern.,
concurring in part and dissenting in part.
I concur with the majority’s holding to remand these matters to the trial court; however, I dissent from the holding that the reports of treating physicians are, per se, discoverable.
When the legislature enacted La. C.C.P. art. 1424, it did not carve out an exception for experts who are the treating physicians of a litigant. Additionally, a reading of La. C.C.P. art. 1424 in pari materia with Code of Evidence articles dealing -with privilege compels the conclusion that there is no distinction between experts for…
2Cases cited4 opinions
- Hodges v. Southern Farm Bureau Cas. Ins. Co.Supreme Court of Louisiana · 1983
- Wolford v. JoEllen Smith Psych. Hosp.Supreme Court of Louisiana · 1997
- Juneau v. Avoyelles Parish Police JuryLouisiana Court of Appeal · 1986
- Katz v. Allied Van LinesLouisiana Court of Appeal · 1983