Ann Mayer and Russell Mayer, DDS v. Global Energy Services, Inc. of Louisiana; Global Energy Solutions, LLC; David Gill; Hartford Fire Insurance Company; Geico Casualty Company; and USAA Casualty Insurance Company

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

ANN MAYER AND RUSSELL MAYER, DDS NO. 2020 CW 0882

VERSUS

GLOBAL ENERGY SERVICES, INC. OF
LOUISIANA, GLOBAL ENERGY SOLUTIONS, LLC,
DAVID GILL, HARTFORD FIRE INSURANCE
COMPANY, GEICO CASUALTY COMPANY, AND USAA
SEPTEMBER 24, 2020
CASUALTY INSURANCE COMPANY

In Re: David Gill, Global Environmental Solutions, Inc., and
Hartford Fire Insurance Company, for
applying
supervisory writs, 21st Judicial District Court,
Parish of Tangipahoa, No. 20190002911.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT GRANTED. In accordance with recent precedent from
this court and the Louisiana Supreme Court, we find the
collateral
source rule does not apply to the amounts written -off
by Ann Mayer' s medical providers. These write- offs occurred

because Ms. Mayer is a recipient of TRICARE,
the Military Health
System' s federally funded health care benefits program that
serves active
duty military, retirees, and their families. See
Thomassie v. Amedisys La. Acquisitions, LLC, 2019- 0173 ( La. App.
1st Cir. 8/ 18/ 20), 2020 WL 4783550,* 14 ( unpublished), wherein
this court held that the collateral source rule does not apply
to payments made by TRICARE, because for the
the money TRICARE
program comes from the general treasury of the United States,
and no money is paid directly into the fund by the recipients of
TRICARE benefits. Furthermore, the supreme has
court made it
clear that, where, as here, the plaintiff pays no enrollment
fee, has no wages deducted, and otherwise provides no
consideration for the collateral source benefits she receives,
the plaintiff is unable to recover the write- off amount and is,
instead, made whole by the
recovering reduced amount. This
remains true where the defendant is the tortfeasor. See Bozeman
v. State, 2003- 1016 ( La. 7/ 2/ 04), 879 So. 2d 692); Hoffman v.

21st Century North American Ins. Co., 2014- 2279 ( La. 10/ 2/ 15),
209 So. 3d 702, and Simmons v. Cornerstone Investments, LLC,
2018- 0735 ( La. 5/ 8/ 19), 282 So. 3d 199, declining to apply the
collateral source rule where the defendant the
was tortfeasor.
Thus, we reverse the portion of the trial court' s judgment
denying relators' motion in limine to exclude the amounts
written -off by Ann Mayer' s health care providers. The motion in
limine is granted in part, and the write- off amount shall be
excluded from evidence at the trial on the merits.

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AHP

APP FIA T CIRCUIT
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