4/18/08 Opinion - La. Supreme Ct.

The following opinion was released by the Louisiana Supreme Court on April 18, 2008:

  • Bellard v. American Central Ins. Co., et al. (Weimer, J., opinion for the Court; Calogero, C.J., concurring and assigning reasons; Victory, J., concurring in part and dissenting in part; Traylor, J., concurring in part and dissenting in part; Knoll, J., concurring in part and dissenting in part). Reversing Louisiana Third Circuit Court of Appeal in part, amending and affirming as amended, and remanding for further proceedings. District court granted summary judgment crediting uninsured motorist carrier for worker’s compensation medical benefits that had been paid by the plaintiff’s employer on the plaintiff’s behalf; Court of Appeal reversed, finding that uninsured motorist carrier was not entitled to the credit. Louisiana Supreme Court reverses, holding that the uninsured motorist carrier is entitled to the credit; based on the holding that the uninsured motorist carrier and the worker’s compensation provider are solidarily liable for only certain portions of the plaintiff’s damages, such that the payment by one for that portion of the damages exonerates the other for that portion of the damages; also based on rejection of the applicability of the collateral source doctrine because the uninsured motorist carrier is not the original tortfeasor, such that the tort-deterrent effect of the collateral source rule would not be implicated. Supreme Court finds that the district court did not manifestly err in its finding as to causation with regard to damages, and affirms the Court of Appeal’s judgment as to causation; but amends the award of general damages, finding that the district court abused its “much discretion” and increasing the general damages award to $200,000.00.

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