STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MINNIE DANTZLER NO. 2020 CW 1108 VERSUS

FANTASIA DELACERDA, ET AL. DECEMBER 30, 2020

In Re: Autozone Stores, LLC and Greenwich Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 655742.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED. Under the collateral source rule, a tortfeasor may not benefit, and an injured plaintiff' s tort recovery may not be reduced, because of monies received by the plaintiff from sources independent of the tortfeasor' s procuration or contribution.

Louisiana Dept of Transp. & Dev. v. Kansas City S.

Ry. Co., 2002- 2349 ( La. 5/ 20/ 03), 846 So. 2d 734, 739. Accordingly, " evidence of furnishing or offering or promising to or losses occasioned by an injury pay expenses to person or damage to property is not...admissible to mitigate, reduce, or avoid liability therefor." La. Code Evid. art. 409.

However, Article 409 " does not require the exclusion of such evidence when it is offered solely for another purpose..." See Turcich v. Baker, 594 So. 2d 505, 508 ( La. 5th Cir. 1992).

App. Evidence of the financial arrangement between HMR and the plaintiff' s health care providers is admissible pursuant to La. Code Evid. art. 607 for the purpose of impeaching the credibility of the plaintiff' s treating physicians. See Thomas v. Chambers, No. CV 18- 4373, 2019 WL 8888169, at * 4( E. D. La. Apr. 26, 2019) . Accordingly, we grant the writ and reverse the trial court' s June 1, 2020 judgment the plaintiff' s granting Motion in Limine and/ or Motion to Exclude Payment by Collateral Sources to the extent it bars the from relators introducing evidence of the financial arrangement between HMR and the plaintiff' s health care providers for the purpose of impeaching the credibility of the plaintiff' s treating physicians.

JMG PMC WIL

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY L11 bi CLE OF COURT FOR THE COURT