Opinion
NO. 2020 CW 1050
01-13-2021
LINDA LOVE v. RAYMOND NELSON, QUICK WAY FOOD STORE, INC., AND JAMES BALLARD, SR.
In Re: Ballard's Petroleum, Inc., and James Ballard, Sr., applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 20153622. BEFORE: WHIPPLE, C.J., GUIDRY, WELCH, LANIER AND HESTER, JJ.
WRIT GRANTED. The portion of the trial court's September 8, 2020 judgment denying, in part, the motion in limine filed by defendants, James Ballard, Sr. and Ballard Petroleum, Inc., is reversed to the extent it allowed the plaintiff to present evidence of the total amount of past medical expenses billed by the medical providers. Pursuant to Simmons v. Cornerstone Investments, LLC, 2018-0735 (La. 5/8/19), 282 So.3d 199, "the amount of medical expenses charged above the amount actually incurred is not a collateral source and its exclusion from the purview of the jury was proper." Id. at 200. Accordingly, we find the trial court abused its discretion, and the motion in limine is granted and evidence of medical expenses not actually owed and paid by or on behalf of plaintiff, Linda Love, is excluded from evidence at the trial.
JMG
WIL
CHH
Whipple, C.J. and Welch, J., dissent and would deny the writ. 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. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT