Kayla Landry v. State Farm Automobile Insurance Company, Et Al.

Supreme Court of Louisiana
October 04, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
KAYLA LANDRY
VS.
STATE FARM AUTOMOBILE INSURANCE
COMPANY, ET AL.
No. 2022-C-00929
_ _ _ _
_ _
IN R
E: State Farm Mutual Automobile Insurance Company - Applicant Defendant;
Brad Racca - Applicant Defendant; Grant Racca - Applicant Defendant; Kendal
Henry - Applicant Defendant; Applying For Writ Of Certiorari, Parish of Jefferson
Davis, 31st Judicial District Court Number(s) C -327-18, Court of Appeal, Third
Circuit, Number(s) 21-790;
_ _ _ _ _ _
October 04, 2022
Writ application granted in part. See per curiam.
Hughes, J., would deny.
Crain, J., dissents and would reinstate the trial court judgment.
PDG
JLW
SJC
JTG
JBM
10/04/2022 "See News Release 043 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-C-00929
KAYLA LANDRY
VS.
STATE FARM AUTOMOBILE INSURANCE COMPANY, ET AL.
On Writ of Certiorari to the Court of Appeal, Third Circuit,
Parish of Jefferson Davis
PER CURIAM
Writ granted in part. The court of appeal erred in deducting the percentage of
fault allocated to the plaintiff from its initial calculation of damages rather than the
stipulated amount awarded. The percentage of fault assessed to a plaintiff under La.
C.C. art. 2323 is deducted from stipulated damages which represent the maximum
amount recoverable – damages above the stipulated amount are regarded as waived.
Beggs v. Harrah’s New Orleans Casino , 14-0725, p. 15 (La.App. 4 Cir. 1/21/15),
158 So.3d 917, 926 (citing Bullock v. Graham , 96-0711, p. 5 (La. 1 1/1/96), 681
So.2d 1248, 1251, abrogated on other grounds by Benoit v. Allstate Ins. Co. , 00-
0424 (La. 11/28/00), 773 So.2d 702); Hall v. Brookshire Bros., Ltd., 02-2404, p. 23
(La. 6/27/03), 848 So.2d 559, 573 (observin g “it was the voluntary action of the
plaintiff [in Bullock] that limited her recovery”) . We therefore reduce the
$40,000.00 award of damages to $30,000.00 in accordance with the allocation of
twenty-five percent ( 25%) fault to the plaintiff. In all other respects, the writ is
denied.
COURT OF APPEAL JUDGMENT AMENDED
10/04/22