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FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 15


FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 22nd day of February, 2007, are as follows:

BY TRAYLOR, J.:

2006-CC-1538 LINDA DUNCAN BELL v. TREASURE CHEST CASINO, L.L.C. AND JUANITA MORGAN


(Parish of Jefferson)
For the foregoing reasons, we reverse the ruling of the court of appeal
and reinstate the judgment of the trial court.
REVERSED AND REMANDED.

CALOGERO, C.J., concurs and assigns reasons.


SUPREME COURT OF LOUISIANA
No. 2006-CC-1538

LINDA DUNCAN BELL
VERSUS
TREASURE CHEST CASINO, L.L.C.


AND JUANITA MORGAN

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,
FIFTH CIRCUIT, PARISH OF JEFFERSON


TRAYLOR, Justice
We granted this writ application to determine whether the court of appeal erred in reversing the judgment of the trial court. For the reasons which follow, we reverse the ruling of the court of appeal and reinstate the judgment of the trial court.

FACTS and PROCEDURAL HISTORY
On July 14, 2004, the plaintiff, Linda Duncan Bell (Bell), was allegedly struck in the back by a pushcart and injured while playing a slot machine at the Treasure Chest Casino (Treasure Chest).  The pushcart was operated by Juanita Morgan, a Treasure Chest employee. At the time of the accident, Treasure Chest operated security cameras throughout the casino, one of which captured the event on videotape.
After Bell filed the instant suit, she propounded discovery to Treasure Chest, asking that the videotape be produced.  Treasure Chest refused to produce the videotape, stating that it contained impeachment evidence which was not required to be produced until after Bell was deposed, according to this Court

Download 06CC1538.opn.pdf

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