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RODRIQUEZ-ZALDIVAR v. LEGGETT

No. 2018-CA-0410.

318 So.3d 859 (2019)

Jose RODRIQUEZ-ZALDIVAR and Dylcio Rodriguez Cruz v. Charles LEGGETT and Progressive Casualty Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

January 23, 2019.

Attorney(s) appearing for the Case

Miguel A. Elias , Paula J. Ferreira , Graham Brian , LAW OFFICE OF MIGUEL A. ELIAS, 4224 Williams Boulevard, Kenner, LA 70065, COUNSEL FOR PLAINTIFF/APPELLANT.

Nat G. Kiefer, Jr. , Megan C. Kiefer , Christopher M. Short , KIEFER & KIEFER, 2310 Metairie Road, Metairie, LA 70001, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Chief Judge James F. McKay, III, and Judge Sandra Cabrina Jenkins, Judge Dale N. Atkins).

This appeal arises out of a discovery dispute in a personal injury action in which plaintiff/appellant Dylcio Rodriguez Cruz ("Cruz") failed to appear for a court-ordered independent medical examination ("IME"), allegedly because Cruz had been involuntarily deported to Honduras and could not return to the United States...

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