CHRIS CARR, JR.
GEICO CASUALTY COMPANY AND SHANA FAIRCHILD
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2019-00419,
DIVISION "F" Honorable Christopher J. Bruno, Judge
DaShawn P. Hayes THE HAYES LAW FIRM, PLC COUNSEL FOR
Alejandro “Alex” Cobar LAW OFFICE OF ROBERTO R.
AROSTEGUI COUNSEL FOR DEFENDANT/APPELLEE
composed of Judge Daniel L. Dysart, Judge Joy Cossich
Lobrano, Judge Tiffany G. Chase
TIFFANY G. CHASE, JUDGE
an appeal from a judgment of dismissal granted in favor of
defendants, GEICO Casualty Company and Shana Fairchild
(collectively "GEICO"), against plaintiff, Chris
Carr, Jr. (hereinafter "Mr. Carr"). After
consideration of the record, and the applicable law, we amend
the judgment of the trial court and affirm as amended.
AND PROCEDURAL HISTORY
January 13, 2017, Mr. Carr filed a petition for damages for
injuries allegedly sustained in a November 26, 2016,
automobile accident. GEICO served Mr. Carr with
interrogatories and a request for production of documents by
mail on March 30, 2017. Mr. Carr did not respond. Pursuant to
Rule 10.1 of the Rules for Louisiana District Courts, a
telephone conference was scheduled for October 2, 2017, to
discuss the outstanding discovery. Counsel for Mr. Carr did
not participate in the telephone conference. GEICO
subsequently filed a motion to compel and a hearing on the
matter was set for November 30, 2017.
morning of the hearing, counsel for Mr. Carr sent an e-mail
to the trial court and counsel for GEICO, stating that he was
ill with the flu and would be unable to attend the hearing.
The parties reached an agreement that an additional thirty
days would be given to reply to the requested discovery.
February 5, 2018, counsel for GEICO e-mailed counsel for Mr.
Carr indicating he would be filing a second motion to compel
regarding the continued absence of discovery responses. The
following day, plaintiff's counsel replied that discovery
responses would be provided no later than February 9, 2018.
Despite this assurance, no responses were provided and GEICO
filed its second motion to compel.
hearing on the second motion to compel took place on March 1,
2018. No opposition was filed and neither Mr. Carr nor his
counsel made an appearance. At the hearing, counsel for GEICO
recounted the history of prior events:
[Counsel for Mr. Carr] said [he would] get me stuff in 30
days. I told him 30 days was fine. Sixty days later we tried
to contact him again. He says give me until the end of the
week; still [did] not get it.
Wait a few more weeks; file a motion to compel; talked to him
yesterday he is now telling me that the problem has been that
he has lost touch with his client, but it is the ...