Moody v. United National Insurance Co.

Supreme Court of Louisiana

Moody v. United National Insurance Co.

680 So. 2d 660, 1996 La. LEXIS 2832, 1996 WL 588104

CourtSupreme Court of Louisiana

DecidedOctober 11, 1996

DocketNo. 96-CC-1703

StatusPublished

This text of 680 So. 2d 660 (Moody v. United National Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moody v. United National Insurance Co., 680 So. 2d 660, 1996 La. LEXIS 2832, 1996 WL 588104 (La. 1996).

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Opinion

In re Louisiana Patient’s Comp. Fund; Andrews, Dr. Lucius Clay; Louisiana Patient’s Comp.Fd.OS; — Defendant(s); applying for writ of certiorari and/or review, supervisory and/or remedial writs; to the Court of Appeal, Fifth Circuit, No. 96-CW-0427; Parish of Jefferson, Twenty-Fourth Judicial District, Div. “P”, No. 453-622.

Granted. La.R.S. 40:1299.44(0) contemplates a settlement between the patient and the health care provider. Since plaintiff has refused to accept the tendered $100,000, no settlement has taken place. See Ewing v. Aubert, 566 So.2d 616 (La.1990). Accordingly, the judgment of the court of appeal is vacated and set aside, and the judgment of the trial court denying the motion in limine is reinstated.

KIMBALL, J., would grant and docket. WATSON, J., dissents. LEMMON, J., not on panel.

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In re Louisiana Patient’s Comp. Fund; Andrews, Dr. Lucius Clay; Louisiana Patient’s Comp.Fd.OS; — Defendant(s); applying for writ of certiorari and/or review, supervisory and/or remedial writs; to the Court of Appeal, Fifth Circuit, No. 96-CW-0427; Parish of Jefferson, Twenty-Fourth Judicial District, Div. “P”, No. 453-622.

Granted. La.R.S. 40:1299.44(0) contemplates a settlement between the patient and the health care provider. Since plaintiff has refused to accept the tendered $100,000, no settlement has taken place. See Ewing v. Aubert, 566 So.2d 616 (La.1990). Accordingly, the judgment of the court of appeal is vacated and set aside, and the judgment of the trial court denying the motion in limine is reinstated.

KIMBALL, J., would grant and docket. WATSON, J., dissents. LEMMON, J., not on panel.

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Bluebook (online)

680 So. 2d 660, 1996 La. LEXIS 2832, 1996 WL 588104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moody-v-united-national-insurance-co-la-1996.

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