Paul Latiolais v. Bellsouth Telecommunications, Inc.

• Court: Louisiana Court of Appeal
• Decided: October 5, 2011
• Docket: CW-0010-0978
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CW10-978 consolidated with 11-383

PAUL LATIOLAIS

VERSUS

BELLSOUTH TELECOMMUNICATIONS,

INC., ET AL.

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APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF IBERIA, NO. 109345 HONORABLE PAUL JOSEPH DEMAHY, DISTRICT JUDGE

ELIZABETH A. PICKETT JUDGE

Court composed of Elizabeth A. Pickett, Billy Howard Ezell, and Shannon J. Gremillion, Judges.

REVERSED IN PART; AFFIRMED IN PART; AMENDED AND AFFIRMED AS AMENDED.

Aaron Wayne Guidry Porter & Guidry P. O. Drawer 53320 Lafayette, LA 70505 (337) 289-0626 Counsel for Plaintiff/Respondent: Paul Latiolais Eric J. Waltner Lana G. Duhon D. Paul Gardner, Jr. Allen & Gooch P. O. Box 81129 Lafayette, LA 70598-1129 (337) 291-1400 Counsel for Intervenors/Applicants: The Gray Insurance Company Newpark Drilling Fluids, LLC PICKETT, Judge. For the reasons discussed in the companion appeal in this consolidated

matter, Paul Latiolais v. Bellsouth Communications, Inc., et al, 11-383 (La.App. 3

Cir. 9/ /11), So.3d. , the judgment on Intervenors’ Motion for

Reconsideration and New Trial and Motion to Fix Recovery and Credit is amended

to provide:

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.

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. These

credits are limited only by the amount of the recovery and Intervenors’ Moody fees

as determined by the trial court.

The trial court’s denial of interest on Intervenors’ recovery from the date

Mr. Latiolais filed suit and its calculation of Intervernors’ 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.