DAY v. THOMPSON (2021)

Writ application granted. See per curiam.

Defendants seek review of a judgment of the district court holding that defendants may not introduce the certified medical records of plaintiff, Tracy Day, “unless the defense calls Elvis Thompson to the stand to testify,” but then striking Mr. Thompson from defendants' witness list based on a prior stipulation of the parties that he would not testify. Defendants assert it was error for the district court to exclude the medical records, which contain statements from Ms. Day to medical personnel concerning the facts of the subject accident.¹

Putting aside the obvious internal inconsistency in the district court's ruling, we find any exclusion of Mr. Thompson as a witness has no bearing on the admissibility of Ms. Day's medical records. There is no indication Mr. Thompson was present when Ms. Day made the statements to the medical personnel, and his testimony is not necessary to lay a foundation for admission of the records.

We find the records at issue are clearly admissible. See La. R.S. 13:3714; see also La. Code Evid. arts. 613 and 803(4). Accordingly, the district court erred in conditioning the admission of these records on the testimony of an unrelated witness.

DECREE

For the reasons assigned, the writ is granted and made peremptory. The judgment of the district court is reversed insofar as it holds the certified medical records of Tracy Day are inadmissible. The case is remanded to the district court for further proceedings.

FOOTNOTES

1.   Defendants do not seek review of the portion of the district court's judgment striking Mr. Thompson as a witness, and we therefore express no opinion on the correctness of this ruling.