Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jack v. Eldorado Casino Shreveport Joint Venture, L.L.C.

Court of Appeals of Louisiana, Second Circuit

January 16, 2019

YASHEKA JACK Plaintiff-Appellee
v.
ELDORADO CASINO SHREVEPORT JOINT VENTURE, L.L.C., ELDORADO SHREVEPORT #1, L.L.C. AND ELDORADO SHREVEPORT #2, L.L.C. Defendants-Appellants

          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

          ERNEST R. PERRY, JR. FRISCHHERTZ, POULLIARD, FRISCHHERTZ & IMPASTATO, LLC By: Anthony Joseph Impastato Vincent P. Impastato, Sr. Dominick Frank Impastato, III Counsel for Appellee

          Before PITMAN, COX, and STEPHENS, JJ.

          STEPHENS, J.

         Defendants, 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.

         FACTS AND PROCEDURAL HISTORY

         This 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.

         Prior 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 write-offs.

         Trial 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.

         On 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, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.