Legal Opinion

Eddie Hoffman v. 21st Century North America Insurance Company and Carolyn Elzy

Supreme Court of Louisiana

Decided October 2, 2015No. 2014-C -2279PublishedCited by 38 opinions

1Opinion of the Court

*703GUIDRY, Justice.

hWe are presented with a question of first impression as to whether a write-off from a medical provider, negotiated by the plaintiffs attorney, may be considered a collateral source from which the tortfeasor receives no set-off. Applying Louisiana law and the principles set forth in our Civil Code, we find that such a write-off does not fall within the scope of the collateral source rule. For the reasons set forth below, we affirm the lower courts’ rulings.

FACTS and PROCEDURAL HISTORY

Eddie Hoffman was injured in October 2010, when his vehicle was rear-ended by a vehicle driven…

2Cases cited11 opinions

  1. Bellard v. American Cent. Ins. Co.Supreme Court of Louisiana · 2008
  2. Bozeman v. StateSupreme Court of Louisiana · 2004
  3. Cutsinger v. RedfernSupreme Court of Louisiana · 2009
  4. Propeller Monticello v. MollisonSupreme Court of the United States · 1855
  5. Howell v. HAMILTON MEATS & PROVISIONS, INC.California Supreme Court · 2011

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3Cited by38 opinions

  1. Jones v. Progressive Security Insurance Co.Louisiana Court of Appeal · 2016
  2. J & L Family, L.L.C. v. BHP Billiton Petroleum Props. ( N.A.), L.PDistrict Court, W.D. Louisiana · 2018
  3. Patterson v. State Farm Mut. Auto. Ins. Co.Louisiana Court of Appeal · 2017
  4. 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 CompanyLouisiana Court of Appeal · 2020
  5. Antoine v. Safari Freight IncDistrict Court, W.D. Louisiana · 2021

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