ARTICLE · 06 JULY 2016

Attorney-Negotiated Discounts Do Not Fall Within Collateral Source Rule

Lewis Brisbois Bisgaard & Smith LLP

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Plaintiff, Eddie Hoffman was injured in October 2010, when his vehicle was rear-ended by a vehicle driven by Carolyn Elzy.

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Case: Hoffman v. 21st Century N. Am. Ins. Co.
Louisiana Supreme Court
No. 14-2297, 2015 La. LEXIS 1962 (10/2/15)

Plaintiff, Eddie Hoffman was injured in October 2010, when his vehicle was rear-ended by a vehicle driven by Carolyn Elzy. Hoffman filed suit against Ms. Elzy and her insurer seeking damages allegedly resulting from the accident. In a bench trial, the court found Elzy 100% at fault for the accident and awarded $4,500 in general damages and $2,478 for medical expenses for a total award of $6,978.00. Hoffman appealed, alleging the award for special damages was erroneous, noting he had presented evidence of $4,528.00 in past medical expenses. The appellate court affirmed the verdict of the trial court in all respects. On rehearing, the appellate court affirmed its previous decision.

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