Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 580048 Honorable
Ramon Lafitte, Judge
BLANCHARD, WALKER, O'QUIN & ROBERT, APLC By: Jerry
Edwards Brian C. Flanagan Counsel for Appellants
R. PERRY, JR. FRISCHHERTZ, POULLIARD, FRISCHHERTZ &
IMPASTATO, LLC By: Anthony Joseph Impastato Vincent P.
Impastato, Sr. Dominick Frank Impastato, III Counsel for
PITMAN, COX, and STEPHENS, JJ.
Eldorado Casino Shreveport Joint Venture, L.L.C., Eldorado
Shreveport #1, L.L.C., and Eldorado Shreveport #2, L.L.C.
(collectively "Eldorado"), appeal the denial of a
motion in limine and judgment in the First Judicial District
Court, Parish of Caddo, State of Louisiana, awarding damages
to plaintiff, Yasheka Jack ("Jack"). For the
following reasons, we affirm the judgment of the trial court.
AND PROCEDURAL HISTORY
matter arises out of injuries sustained by Jack at the
Eldorado Casino in Shreveport, Louisiana, and the subsequent
suit for damages filed against Eldorado. Jack's injury
occurred on November 9, 2013, when a beverage server employed
by Eldorado, Denise Ramone, spilled hot coffee on Jack, which
caused Jack to twist suddenly out of the chair on which she
was seated and injure her back in the process. Jack filed a
petition for damages against Eldorado on October 3, 2014.
Eldorado answered and asserted several affirmative defenses,
notably which Jack's injuries were proximately caused by
a person or entity other than Eldorado.
to trial, Eldorado filed a motion in limine seeking to
exclude from evidence the portions of Jack's medical
expenses that were written off, claiming Jack never actually
incurred or had an obligation to pay the full amount of the
expenses, and thus, the collateral source rule does not
apply. The trial court denied Eldorado's motion, holding
the collateral source rule does apply to write-offs
negotiated by Jack's private insurance provider, to whom
she had paid monthly premiums. Accordingly, Jack's
medical records that were admitted into evidence during the
trial were redacted to exclude the amount of the insurance
payments and write-offs and, thus, reflected the full amount
of medical expenses charged to Jack. Following the ruling on
its motion, Eldorado failed to proffer into evidence any
proof or information regarding the specific amounts of the
commenced on September 11, 2017, wherein 11 witnesses
testified. Following the conclusion of testimony, Jack moved
for a directed verdict on comparative fault regarding
Eldorado's affirmative defense of negligence on the part
of an unknown patron. The motion was denied.
September 14, 2017, a unanimous 12-person jury found Ramone
was negligent, her negligence was a proximate cause of
Jack's injuries, and the unknown patron was not
negligent. The jury assessed 100% of the fault to Ramone and
made the following award to Jack:
Past medical expenses ............ $237, 124.79
Future medical expenses .......... 577, 698.00
Past lost wages .................. 51, 646.00
Future lost wages ................ 317, 460.00
Past physical pain and suffering ..... 40, 000.00
Future physical pain and suffering . . . 60, 000.00
Past mental pain and suffering ...... 75, 000.00
Future mental pain and suffering . . . . 50, 000.00
Past loss of enjoyment of life ....... 10, 000.00
Future loss of enjoyment of life ..... 10, 000.00
Disability ....................... 0.00
Scarring ........................ 1, ...