STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LINDA LOVE NO. 2020 CW 1050 VERSUS

RAYMOND NELSON, QUICK WAY JANUARY 13, 2021 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, the and 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 curzam), are not met.

COURT OF APPEAL, FIRST CIRCUIT

FPUTY FOR CL THE R OF COURT COURT