Katrina Robertson, Individually, and Jodi Robertson, on behalf of his minor child, Brooklynn Robertson v. Thomas A. Ryan and USAA Casualty Insurance Company

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KATRINA ROBERTSON, INDIVIDUALLY, NO. 2021 CW 0485 AND JODI ROBERTSON, ON BEHALF OF HIS MINOR CHILD, BROOKLYNN ROBERTSON VERSUS THOMAS A. RYAN AND USAA CASUALTY AUGUST 3, 2421 INSURANCE COMPANY In Re; USAA Casualty Insurance Company and Thomas A. Ryan, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 682975. BEFORE: GUIDRY, MCDONALD, AND MCCLENDON, JJ. WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878 ( La. 1981) ( per curiam), are not met. JMG McClendon, J., concurs. McDonald, J., dissents and would grant the writ application. I find the trial court abused its discretion in its March 25, 2021 judgment granting, in part, the motion in limine filed by the plaintiff, Katrina Robertson, and excluding the June 20, 2020, October 3, 2020, October 18, 2020, and October 31, 2020 surveillance videos. See Olivier v. Le Jeune, 95- 0053 ( La. 2/ 28/ 96), 668 So. 2d 347, 351 ; Wolford v. JoEllen Smith Psychiatric Hospital, 96- 2460 ( La. 5/ 20/ 97), 693 So. 2d 1164 , 1167- 68. Accordingly, I would reverse that portion of the trial court' s March 25, 2021 judgment and deny the plaintiff' s motion in limine to exclude the June 20, 2020, October 3, 2020, October 18, 2020, and October 31, 2020 surveillance videos. COURT OF APPEAL, FIRST CIRCUIT DEPUT LE K OF COURT FOR THE COURT