MMK Attorneys Jennifer Simmons, Tiffany Mann Collins and Olivia Truong were successful when their Writ to the Louisiana Fifth Circuit Court of Appeal was granted, reversing the trial court’s Order allowing plaintiff to have a third- party present to record his Independent Medical Examination.

MMK Attorneys Jennifer Simmons, Tiffany Mann Collins and Olivia Truong were successful when the Louisiana Fifth Circuit Court of Appeal granted their Application for Supervisory Writ, reversing the 24^th Judicial District Court’s Order allowing the plaintiff to have a third-party present to record his Independent Medical Examination (IME). Representing the driver, his employer and their insurer, MMK was forced to file a Motion to Compel plaintiff’s IME. The plaintiff argued in his opposition that their was no “good cause” to request the IME and the IME violated the plaintiff’s privacy rights. At the trial court hearing, the trial court granted the Motion to Compel IME, at which point the plaintiff demanded that he be allowed to have a third-party present with him during the IME and record the IME. The trial court granted the plaintiff’s demand and placed these two conditions on the IME. MMK filed a Motion for New Trial/Reconsideration, which was denied by the trial court. MMK then filed an Application for Supervisory Writ with the Louisiana Fifth Circuit Court of Appeal, asserting the plaintiff had failed to allege or plead any special circumstances supporting his demand for these conditions. The Fifth Circuit agreed with MMK and reversed the trial court, striking that portion of the trial court’s Order that would allow the plaintiff to have a party present to record his IME.