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See News Release #33 - May 12, 2000

SUPREME COURT OF LOUISIANA NO. 00-CC-0622

IN RE: TRANSIT MANAGEMENT OF SOUTHEAST LOUISIANA, INC. PER CURIAM*
Relator, Transit Management of Southeast Louisiana, Inc., seeks review of ruling of the district court regarding discovery. For the reasons assigned, we grant the writ, vacate the ruling of the district court and remand for further proceedings. Plaintiffs, Stephen Schweitzer and Sandra Miller, filed the instant petition individually and on behalf of their minor daughter, Shannon, against several defendants, including relator. Plaintiffs alleged that Shannon was a guest at a private birthday party on a streetcar operated by relator, and was injured when she fell out of the window of the streetcar. During discovery, relator took the deposition of an adult passenger on the streetcar at the time of the accident. According to this passenger, seven year old Michael Friedlander was part of a group of boys "taunting" Shannon right before she fell out of the window. Based on this information, relator filed a motion to take Michael's deposition. Michael's parents opposed the motion, contending that Michael's testimony was unnecessary and would cause him emotional risks. In support, they attached affidavits from the headmaster and chaplain at Michael's school, as well as Michael's pediatrician and a clinical psychologist. All of these affidavits indicated that it would cause Michael considerable mental stress to answer questions about the incident.

*

Kimball, J., not on panel. Rule IV, Part II,

Download 2000-CC-0622 IN RE TRANSIT MANAGEMENT OF SOUTHEAST LOUISIANA, INC.C/W STEPHEN SC

Louisiana Law