Opinion
2022 CW 0371
06-23-2022
WALTER GEORGE AND GEORGE JANIE v. PROGRESSIVE WASTE SOLUTIONS OF LA, INC. AND ABC INSURANCE COMPANY
In Re: Walter George and Janie George, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 178204.
BEFORE: WHIPPLE, C. J., GUIDRY AND WOLFE, JJ.
WRIT DENIED. The criteria set forth in Herlitz Construction Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 La. 1981) (per curiam) are not met.
VGW
EW
Guidry, J., dissents and would grant the writ. Defendant, Progressive Waste Solutions of LA, Inc., failed to prove that the agreement between Ascendant Healthcare, LLC and Plaintiff's medical team provided a discount to Plaintiff such that evidence of the full amount billed is barred under the collateral source rule. Dupont v. Costco Wholesale Corp., 17- 4469, 2019 WL 5959564 E. D. La. 11/ 13/ 19). In the absence of evidence that Plaintiff is not liable for the full amount billed, Defendants cannot subtract the discounted purchase price from a theoretical damage award to Plaintiff. Ochoa v. Aldrete, 2021- 632 (La. App. 5 Cir. 12/ 8/ 21), 335 So.3d 957. Accordingly, I would reverse the trial court's February 25, 2022 judgment, and the Defendant's Renewed Motion in Limine to Exclude or Strike Medical Bills Charged to Ascendant Healthcare, LLC and Assigned to Southern Magnolia Medical, LLC, barring Plaintiff from introducing evidence of the full $ 192, 020. 14 billed by his medical providers, would be denied.