DocketNumber： 2021CW1610
Filed Date： 3/28/2022
Status： Precedential
Modified Date： 3/28/2022
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MICHAEL W. BROWN NO. 2021 CW 1610 VERSUS CLEAR BLUE SPECIALTY INSURANCE COMPANY; RISE UP TRUCKING, LLC; AND DAVIS MARCH 28, 2022 JAMES WILLIAMS In Re: Clear Blue Specialty Insurance Rise Company, Up Trucking, LLC and David James Williams, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 695892. BEFORE: McDONALD, WELCH, PENZATO, LANIER, AND WOLFE, JJ. WRIT GRANTED. The portion of the trial court' s December 6, 2021 judgment granting, in part, the motion in limine filed by plaintiff, Michael W. Brown, to allow plaintiff to present to the jury the full amount of his medical bills is reversed. The Supreme Court has held that a Medicaid recipient cannot recover amounts written off by Medicaid. Bozeman v. State, 2003-1016 La. 7
/ 2/ 04),879 So. 2d 692
. In addition, the Supreme Court has held that when the amount of medical expenses charged above the amount actually incurred is not a collateral source its exclusion from the purview of the jury was proper. See Simmons v. Cornerstone Investments, LLC, 2018- 0735 ( La. 518/ 19),282 So. 3d 199
, 200. Accordingly, we find the trial court abused its discretion, and the portion of the motion in limine which sought to present evidence of the full amount of plaintiff' s medical expenses at trial is denied. JMM AHP WIL Welch and Wolfe, JJ., 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. 19 81) ( per curiam), are not met. COURT OF APPEAL, FIRST CIRCUIT DEPUTY CAER9 OF COURT FOR THE COURT