Tort Reform

The proposed legislation will make jury trials available in most personal injury law suits. Under the current law if a plaintiff stipulates that his or her damages are under $50,000 the defendant does not have the right to have the case decided by a jury.

HLS 14RS-61 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 917
BY REPRESENTATIVES GAROFALO, IVEY, SEABAUGH, SIMON, AND STOKES
CIVIL/JURY TRIALS: Provides with respect to the availability of jury trials in certain civil
matters
1 AN ACT
2 To amend and reenact Code of Civil Procedure Article 1732, relative to limitations on jury
3 trials; to remove the cause of action threshold amount required to be entitled to a jury
4 trial; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Civil Procedure Article 1732 is hereby amended and reenacted
7 to read as follows:
8 Art. 1732. Limitation upon jury trials
9 A trial by jury shall not be available in:
10 (1) A suit where the amount of no individual petitioner's cause of action
11 exceeds fifty thousand dollars exclusive of interest and costs, except as follows:
12 (a) If an individual petitioner stipulates or otherwise judicially admits sixty
13 days or more prior to trial that the amount of the individual petitioner's cause of
14 action does not exceed fifty thousand dollars exclusive of interest and costs, a
15 defendant shall not be entitled to a trial by jury.
16 (b) If an individual petitioner stipulates or otherwise judicially admits for the
17 first time less than sixty days prior to trial that the amount of the individual
18 petitioner's cause of action does not exceed fifty thousand dollars exclusive of
19 interest and costs, any other party may retain the right to a trial by jury if that party
is entitled to a trial by jury pursuant to this Article and has otherwise complied with
2 the procedural requirements for obtaining a trial by jury.
3 (c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,
4 as a result of a compromise or dismissal of one or more claims or parties which
5 occurs less than sixty days prior to trial, an individual petitioner stipulates or
6 otherwise judicially admits that the amount of the individual petitioner's cause of
7 action does not exceed fifty thousand dollars exclusive of interest and costs, a
8 defendant shall not be entitled to a trial by jury. 
9 (2)(1) A suit on an unconditional obligation to pay a specific sum of money,
10 unless the defense thereto is forgery, fraud, error, want, or failure of consideration.
11 (3)(2) A summary, executory, probate, partition, mandamus, habeas corpus,
12 quo warranto, injunction, concursus, workers' compensation, emancipation,
13 tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce
14 proceeding.
15 (4)(3) A proceeding to determine custody, visitation, alimony, or child
16 support.
17 (5)(4) A proceeding to review an action by an administrative or municipal
18 body.

19 (6)(5) All cases where a jury trial is specifically denied by law.

Elimination of the Collateral Source Rule

This bill is part of the 2014 Louisiana Legislature's tort reform initiative.

If passed this legislation will eliminate the collateral source rule in Louisiana. Presently a plaintiff can recover any and all medical expenses related to their injury even if their medical bills were paid by an insurer or other collateral source. Because this is a substantive change and the legislation is not specifically made retroactive, if this law passes it will most likely be applied prospectively.


Regular Session, 2014
HOUSE BILL NO. 773
BY REPRESENTATIVE SEABAUGH (Contact Rep. Alan Seabaugh   

seabaugha@legis.la.gov - 

CIVIL/LAW: Provides with respect to the award of certain damages
1 AN ACT
2 To enact Civil Code Article 2315(C), relative to damages; to prohibit the award of damages
3 in certain circumstances; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. Civil Code Article 2315(C) is hereby enacted to read as follows:
6 Art. 2315. Liability for acts causing damages
7 * * *
8 C. In any action for damages in which a person suffers injury, death, or loss,
9 the court shall not award to the plaintiff any portion of any medical expense, bill, or
10 invoice that the plaintiff is not personally obligated to pay to the provider because
11 that medical expense, bill, or invoice has been reduced or paid by a healthcare
12 insurer, Medicare, Medicaid, other state or federal agency or program, or by private
13 agreement.