Bethely ex rel. Children v. Great W. Cas. Co.

In Re: Troy Kling, Liquid Transport, LLC, Dana Transport, Inc., and Great West Casualty Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 619,050. BEFORE: WHIPPLE, C.J., MCDONALD, McCLENDON, CRAIN AND THERIOT, JJ.

WRIT GRANTED WITH ORDER. We find that defendants, Troy Kling, Liquid Transport, LLC, Dana Transport, Inc., and Great West Casualty Company, have shown good cause for an independent medical examination. See La. C.C.P. art. 1464. Accordingly, the trial court's April 30, 2015 judgment is reversed, and the defendants' Motion to Compel Independent Medical Examination is granted. The trial court is instructed to order the plaintiff, Sean Bethely, to submit to an examination by Dr. Henry L. Eiserloh, III.

MRT JMM WJC

Whipple, C.J., and McClendon, J., dissent and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT