LANDRY v. STATE FARM AUTOMOBILE INSURANCE COMPANY (2022)

Writ application granted in part. See per curiam.

Writ granted in part. The court of appeal erred in deducting the percentage of fault allocated to the plaintiff from its initial calculation of damages rather than the stipulated amount awarded. The percentage of fault assessed to a plaintiff under La. C.C. art. 2323 is deducted from stipulated damages which represent the maximum amount recoverable – damages above the stipulated amount are regarded as waived. Beggs v. Harrah's New Orleans Casino, 14-0725, p. 15 (La.App. 4 Cir. 1/21/15), 158 So.3d 917, 926 (citing Bullock v. Graham, 96-0711, p. 5 (La. 11/1/96), 681 So.2d 1248, 1251, abrogated on other grounds by Benoit v. Allstate Ins. Co., 00-0424 (La. 11/28/00), 773 So.2d 702); Hall v. Brookshire Bros., Ltd., 02-2404, p. 23 (La. 6/27/03), 848 So.2d 559, 573 (observing “it was the voluntary action of the plaintiff [in Bullock] that limited her recovery”). We therefore reduce the $40,000.00 award of damages to $30,000.00 in accordance with the allocation of twenty-five percent (25%) fault to the plaintiff. In all other respects, the writ is denied.

COURT OF APPEAL JUDGMENT AMENDED

Hughes, J., would deny. Crain, J., dissents and would reinstate the trial court judgment.