Linda Love v. Raymond Nelson, Quickway Food Stores, Inc., James Ballard, Sr., Ballard's Petroleum, Inc., and HDI Global Insurance Company

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
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