Michael L. Thomassie And Linda A. Thomassie v. Amedisys La Aquisitions, Llc D/b/a Metro Preferred Home Care, An Amedisys Company

Supreme Court of Louisiana
January 20, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MICHAEL L. THOMASSIE AND LINDA A.
THOMASSIE
VS.
AMEDISYS LA AQUISITIONS,
LLC D/B/A
METRO PREFERRED HOME CARE, AN
AMEDISYS COMPANY
No.2020-C-01229
_ _
_ _ _ _
I
N RE: Estate of Michael L. Thomassie - Applicant Plaintiff; Linda A. Thomassie -
Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of Livingston, 21st
Judicial District Court Number(s) 149,881, 1st Circuit Court of Appeal, Number(s)
2019 CA 0173 C/W 2019 CA 0174;
_ _ _ _ _ _
January 20, 2021
Writ application granted. See per curiam.
Weimer, C.J., would grant and docket.
WJC
JDH
SJC
JTG
JBM
PDG
01/20/2021 “See News Release 002 for any Concurrences and/or Dissents.”

1
SUPREME COURT OF LOUISIANA
NO. 2020-C-01229
MICHAEL L. THOMASSIE AND LINDA A. THOMASSIE
VERSUS
AMEDISYS LA ACQUISITIONS, LLC D/B/A METRO PREFERRED
HOME CARE, AN AMEDISYS COMPANY
APPLYING FOR SUPERVISORY WRIT TO
THE FIRST CIRCUIT COURT OF APPEAL
PER CURIAM*
WRIT GRANTED. The amount paid by Tricare for Michael Thomassie’s
medical expenses is a collateral source subject to the collateral source rule. The
collateral source rule precludes evidence of payments received from an independent
source from admission at trial against the tortfeasor to mitigate, reduce, or avoid
liability. Bozeman v. State, 2003-1016 (La. 7/2/04) 879 So. 2d 692, 698; La. Code
Evid. art 409. This prevents the tortfeasor from benefiting from the victim ’s
foresight in purcha sing insurance or other benefits. Id. To determine whether
Tricare is a collateral source requires an analysis of the facts in light of two
considerations. First, whether classifying Tricare as a collateral source will further
the primary goal of tort deterrence. Second, whether the victim, by having a
collateral source available as a source of recover y, either paid for the benefit or
suffered some diminution in his patrimony because the benefit was available so that
he is not reaping a windfall or double recovery. Bozeman, 879 So. 2d at 700; Bellard
v. American Central Insurance Co., 2007-1335 (La. 4/18/08), 980 So. 2d 654, 669;
Cutsinger v. Redfern, 2008-2607 (La. 5/22/09), 12 So. 3d 945, 953.
“The major policy reason for applying the collateral source rule to damages
has been, and continues to be, tort deterrence. The underlying concept is that tort
1/20/21

2

damages can help to deter u nreasonably dangerous conduct. Tort deterrence has
been an inherent, inseparable aspect of the collatera l source rule since its inception
over one hundred years ago.” Bozeman, 879 So. 2d at 700. The collateral source
rule applied to these facts has a deterrent effect . The Patient Compensation Fund
intervened in place of the tortfeasor Amedisys. The Patient Compensation Fund’s
resources derive from annual charges on healthcare providers , such as Amedisys.
These annual charges are calculated by an actuarial study that considers the
healthcare provider’s past and prospective loss and expense experience . La. R.S.
40:1231.4(A)(2). The negative financial effects of adverse claims motivates
healthcare providers lik e Amedisys to avoid unreasonably dangerous conduct.
Applying the collateral source rule here furthers the policy goal of tort deterrence.
The second consideration is whether the victim paid for the benefit or suffered
some diminution in his patrimony so no actual windf all or double recovery results.
It is undisputed Mr. Thomassie made annual payments to Tricare to obtain coverage.
Additionally, Mr. Thomassie provided military service to this country. We find Mr.
Thomassie diminished his patrimony to obtain Tricare benefits.
The lower courts erred in finding the Tricare payments are not a collateral
source. Both factors , tort deterrence and diminution of patrimony, support
application of the collateral source rule . For these reasons, we reverse the lower
court’s judgment and grant partial summary judgment to plaintiff declaring the
collateral source rule applies to the value of medical services provided. The case is
remanded for further proceedings consistent with this order.
1/20/21