Automated Summary
Key Facts
This consolidated appeal from the Sixteenth Judicial District Court of Iberia Parish involves Paul Latiolais versus Bellsouth Telecommunications, Inc. and others. The Court of Appeal reversed in part and affirmed in part the trial court's judgment regarding intervenors' indemnity benefits and reimbursement claims. The Court awarded intervenors the full sum of amounts paid to Mr. Latiolais prior to reimbursement, reversed the $51,000.00 limitation on indemnity benefits and denied the $51,000 limit, and affirmed the denial of interest on recovery and the calculation of Moody fees. The trial court's judgment was affirmed in all other respects.
Transaction Type
Insurance-related liability dispute involving indemnity benefits and medical expense recovery
Issues
- The court addressed whether Intervenors are entitled to a dollar-for-dollar credit for any and all future and post-judgment medical expenses, with credits limited only by the amount of recovery and Intervenors' Moody fees as determined by the trial court.
- The court denied Mr. Latiolais's request for damages for frivolous appeal.
- The court affirmed the trial court's denial of interest on Intervenors' recovery from the date Mr. Latiolais filed suit.
- The court reversed the judgment to the extent that it limited Intervenors' recovery for indemnity benefits to $51,000.00, allowing for full recovery without such limitation.
- The court determined that Intervenors are awarded the full sum of all amounts they have paid or actually pay to Mr. Latiolais prior to his reimbursement to them, with instructions to file a motion if parties cannot agree on the reimbursement amount.
- The court affirmed the trial court's calculation of Intervenors' Moody fees as part of the overall judgment.
Holdings
- Mr. Latiolais's request for damages for frivolous appeal is denied, and costs of this appeal are divided equally between the parties.
- The trial court's denial of interest on Intervenors' recovery from the date Mr. Latiolais filed suit and its calculation of Intervenors' Moody fees is affirmed, and the judgment of the trial court is affirmed in all other respects.
- The judgment is amended to award Intervenors the full sum of all amounts they have paid or actually pay to Mr. Latiolais prior to reimbursement, and reversed to the extent it limits Intervenors' recovery for indemnity benefits to $51,000.00 while denying their request for dollar for dollar credit for future and post-judgment medical expenses.
Remedies
The court awarded Intervenors the full sum of all amounts they paid or will pay to Mr. Latiolais before his reimbursement. The judgment was reversed to eliminate the $51,000.00 cap on indemnity benefits recovery and to grant dollar-for-dollar credits for all future and post-judgment medical expenses, limited only by the recovery amount and Moody fees. Additionally, the trial court's denial of interest on Intervenors' recovery and its calculation of Moody fees was affirmed, while Mr. Latiolais's request for frivolous appeal damages was denied. Appeal costs are split equally between parties.
Precedent Name
Paul Latiolais v. Bellsouth Communications, Inc., et al
Judge Name
- Billy Howard Ezell
- Elizabeth A. Pickett
- Shannon J. Gremillion
Passage Text
- The trial court's denial of interest on Intervenors' recovery from the date Mr. Latiolais filed suit and its calculation of Intervenors' Moody fees is affirmed. The judgment of the trial court is affirmed in all other respects. Mr. Latiolais's request for damages for frivolous appeal is denied. Costs of this appeal are divided equally between the parties.
- Additionally, the judgment is reversed to the extent that it limits Intervenors' recovery for indemnity benefits to $51,000.00 and denies their request for a dollar for dollar credit for any and all future and post-judgment medical expenses.
- Intervenors are awarded the full sum of all amounts they have paid or actually pay to Mr. Latiolais prior to his reimbursement to them. If Mr. Latiolais and Intervenors cannot agree on the amount Mr. Latiolais is to reimburse Intervenors, Intervenors are instructed to file a motion to have the amount determined by the trial court.
Damages / Relief Type
- Moody fees calculation; denial of interest on Intervenors' recovery from suit filing date
- Indemnity benefits recovery without $51,000.00 limitation; dollar-for-dollar credit for future and post-judgment medical expenses
- Intervenors awarded full sum of all amounts they have paid or actually pay to Mr. Latiolais prior to his reimbursement to them