No. 87-CA-897 Precedential Processed

Seaberry v. Smith

Louisiana Court of Appeal, First Circuit · Filed November 16, 1988 · 534 So. 2d 986

Also decided on this docket: La. Ct. App. 1st Cir., May 16, 1988 527 So. 2d 1011

Cited by

St. Paul Fire & Marine Ins. Co. v. Smith 609 So. 2d 809 La. 1992
Seaberry v. Smith 536 So. 2d 1257 La. 1989

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Thompson 532 So. 2d 107
Brooks v. Chicola 514 So. 2d 7

Opinion text

ON REMAND FROM THE LOUISIANA SUPREME COURT GOTHARD, Judge. The Louisiana Supreme Court, 532 So.2d 107 , has remanded this case to us for reconsideration of the award to the inter- *987 venor-workers’ compensation insurer in accordance with the majority view in Brooks v. Chicola, 514 So.2d 7 (La.1987) and to treat plaintiffs claim for past medical expenses. With regard to the past medical expenses, we award $15,745.29 (less 50 percent, i.e., plaintiff’s percentage of comparative fault) to plaintiff, which is the amount the parties stipulated into the record. With regard to the intervenor’s award, its reimbursement for medical expenses and weekly compensation benefits paid to plaintiff is limited to plaintiff’s damage award for past medicals and lost wages, respectively. JUDGMENT RENDERED.