Chastity Bergeron, individually and on behalf of her minor children, Kyle Bergeron and Gabrielle Bergeron v. Jonathan Forwood, Cummins Mid-South, LLC, Zurich American Insurance Company, and The State of Louisiana, Through the Department of Transportation and Development

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CHASTITY BERGERON, NO. 2020 CW 0008 INDIVIDUALLY AND ON BEHALF PAGE I OF 2) OF HER MINOR CHILDREN, KYLE BERGERON AND GABRIELLE BERGERON

VERSUS

JONATHAN FORWOOD, CUMMINS MID - SOUTH, LLC, ZURICH AMERICAN INSURANCE COMPANY,

AND THE STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

CONSOLIDATED WITH

BRADLEY BERGERON

A1: 1 = 0161

JONATHAN FORWOOD, CUMMINS MID - SOUTH, LLC, ZURICH AMERICAN INSURANCE COMPANY, AND THE STATE OF LOUISIANA, MAR D 3 2020 THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

In Re: The State of Louisiana, through the Department of

Transportation and Development, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 127224 c/ w 127290.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portions of

the trial court' s November 22, 2019 judgment which ordered the State of Louisiana, through the Department of Transportation and Development, to produce all complaints generated by third parties regarding the subject intersection for ten years prior

to August 16, 2016 and to produce accident report item numbers for each accident occurring within one mile of the subject

intersection for five years prior to May 4, 2014 are reversed.

The State of Louisiana, through the Department of Transportation and Development, sufficiently met its burden of establishing that this information constituted data collected or compiled

specifically pursuant to 23 U. S. C. 409 to foster an effective

highway safety improvement program and for use in meeting federal requirements. The motion to filed by plaintiff compel

is denied as to the requests directed to the State of Louisiana, through the Department of Transportation and Development, for

Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

NO. 2020 CW 0008 PAGE 2 OF 2)

complaints generated by third parties regarding the subject

intersection and for accident report item numbers for each

accident occurring within one mile of the subject intersection. The writ is denied in all other respects. We pretermit whether the accident reports be could obtained by plaintiffs through another agency. See Irion v. State ex rel. Dept. of Transportation and Development, 98- 2616 ( La. 1st App. Cir. 5/ 12/ 00), 760 So. 2d 1220, writ denied, 2000- 2365 ( La. 11/ 13/ 00), 773 So. 2d 727, in which accident reports were found not

privileged because they were collected and compiled by the Department of Public Safety, not the Department of

Transportation and Development, and were not compiled for the purpose of obtaining federal funds or to enforce safety.

VGW

JMG WJB

COURT OF APPEAL, FIRST CIRCUIT

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D ; PU T CLERK OF YCOURT FOR THE COURT