APPLICATION FOR SUPERVISORY WRITS FROM THE FIFTEENTH JUDICIAL
DISTRICT COURT PARISH OF LAFAYETTE, NO. 13-0027 HONORABLE
EDWARD B. BROUSSARD, DISTRICT JUDGE
E. Fontenot Attorney at Law COUNSEL FOR PLAINTIFF/RESPONDENT:
Michael Menard Attorney at Law COUNSEL FOR
PLAINTIFF/RESPONDENT: Deanna Montgomery
Bianca Chretien Leah V. Guilbeau & Associates COUNSEL FOR
DEFENDANTS/APPLICANTS: State Farm Mutual Automobile Insurance
Company Stephen Pellessier
composed of, Sylvia R. Cooks, Shannon J. Gremillion, and D.
Kent Savoie, Judges.
SHANNON J. GREMILLION JUDGE
Farm Mutual Automobile Insurance Company (State Farm) and
Stephen Pellessier (Pellessier) seek writs from the grant of
Deanna Montgomery's (Montgomery) motion for partial
summary judgment on medical causation by the trial court. For
the following reasons, we grant the writ and make it
AND PROCEDURAL BACKGROUND
was involved in three automobile accidents in 2012. The
first, which is the subject of the instant litigation,
occurred on January 6, 2012, when the vehicle being driven by
Pellessier rear-ended a vehicle being driven by Steve Wiltz
(Wiltz), which was stopped at a red light, and caused the
Wiltz vehicle to collide with Montgomery's vehicle.
week later, on January 13, 2012, Montgomery's vehicle was
side-swiped by another vehicle. Six months later, on July 7,
2012, Montgomery's vehicle was hit by another vehicle,
which caused her vehicle to hit a curb.
24, 2013, Montgomery underwent a lumbar fusion at L3-4 and
L4-5, with a left ulnar nerve compression, performed by Dr.
Louis Blanda. Dr. Blanda performed a cervical fusion at C5-6
on Montgomery on October 12, 2015. Montgomery alleges that
both surgeries were necessitated by injuries received in the
filed suit against Pellessier and his insurer, State Farm. It
is unknown if there is any other litigation arising out of
the three accidents. Liability for the subject accident is
not disputed. Montgomery filed a motion for partial summary
judgment on the issue of medical causation,  which came for
hearing on October 29, 2018, and was granted. A judgment was
signed on November 19, 2018.
Farm timely filed a notice of intent to apply for supervisory
writs, and its writ application was timely filed in
accordance with the return date set by the trial court.
Montgomery filed a brief in opposition to the writ
application. Proceedings in the trial court are stayed
pending the outcome of this writ application.
argues that this matter is not properly before this court on
a writ application because it is a partial judgment under
La.Code Civ.P. art. 1915(B) from which State Farm will have
an adequate ...