Miller v. Acadian Ambulance Serv. of New Orleans - L.L.C., 2021-0136 (La. App. 4 Cir 02/04/22)

Rule:

The collateral source rule is a rule of evidence and damages under which an injured plaintiff's tort recovery may not be reduced, because of monies received by the plaintiff from sources independent of the tortfeasor's procuration or contribution. Payments the plaintiff receives from this collateral source are not deducted from the award the aggrieved party would otherwise receive from the wrongdoer, and, a tortfeasor's liability to an injured plaintiff should be the same, regardless of whether or not the plaintiff had the foresight to obtain insurance and other benefits. La. Code Civ. Proc. Ann. art. 1811(F) provides that a motion for judgment notwithstanding the verdict (JNOV) may be granted on the issue of liability, on the issue of damages, or both.

Facts:

This matter stemmed from a work-related accident. Rory Miller, plaintiff, was a Captain in the St. Bernard Parish Fire Department, as well as a certified emergency medical technician-paramedic. He and his assigned engineer along with their supervisor, responded to a call relative to an obese patient with a back injury. At the scene, plaintiff injured his right shoulder while his team assisted defendant’s paramedics, Acadian, to transport the patient on a spine board. Plaintiff filed a petition for damages alleging that defendant breached the standard of care by failing to have sufficient equipment to transport an obese patient. Specifically, plaintiff claimed that the spine board was inadequate to support the patient's weight thereby injuring his right shoulder. Defendant filed a motion for summary judgment, and argued that the professional rescuer's doctrine, also referred to as the "fireman's rule," bars the plaintiff's recovery for their claims. Defendant appealed the trial judgment declaring wages pursuant to La. R.S. 33:1995 a collateral source; and the grant of judgment notwithstanding the verdict rendered in favor of plaintiffs.

Issue:

Did the district court err in rendering its judgment regarding collateral source and judgment notwithstanding the verdict in favor of the plaintiff? 

Answer:

Yes. The court affirmed the judgment regarding collateral source; reversed judgment notwithstanding the verdict and reinstated judgment in accordance with jury verdict. And, denied the answer to appeal.

Conclusion:

The court held that the district court properly applied the collateral source rule, where the Parish intervened to recover the worker’s compensation benefit it paid but not the fireman's sick leave benefits paid to plaintiff, pursuant to La. Rev. Stat. Ann. § 33:1995. The court also found that the district court erred in granting JNOV and that it disturbed the jury's findings where reasonable jurors may have different conclusions based on the evidence of record regarding plaintiff's comparative fault for the injury he suffered when lifting an obese patient, as plaintiff had years of experience, had previously suffered a similar injury, was not required to remain on the scene after the ambulance arrived, and admitted he could have voiced a complaint about the method of lifting the obese patient.