Simmons v. Transit Management of Southeast Louisiana, Inc.

Because the majority opinion conflicts with a full reading of LSA C.C.P. 1424 and with jurisprudence of this Court, I must respectfully dissent.

The majority concludes that relators failed to prove that the documents at issue were obtained or prepared in anticipation of litigation or in preparation for trial. I disagree. The disjunctive “or” placed by the legislature in LSA-C.C.P. art. 1424 clearly indicates that anticipation of litigation and preparation for trial constitute two alternative grounds for privilege. The majority concludes that the fact that the preparation of an accident report…