Albert v. Farm Bureau Insurance Company

Summary

The Supreme Court of Louisiana held that Sheriff Michael Neustrom was entitled to a credit for $48,763.32 in medical expenses previously paid to Charles Albert under the sheriff's self-insurance program. The court concluded that allowing plaintiffs to recover the same medical expenses again would constitute an impermissible double recovery, regardless of the capacity in which the sheriff made the payments. The court amended the court of appeal's judgment to provide the credit and affirmed it in all other respects.

Holdings

1. A defendant is entitled to a credit against a tort award for medical expenses previously paid to the plaintiff when the credit prevents recovery twice for the same element of damages.
2. A distinction between the capacity in which the sheriff paid medical benefits and the capacity in which he was cast in judgment is irrelevant to the prohibition against double recovery.

Questions Presented

1. Whether Sheriff Neustrom was entitled to a credit against the tort award for the $48,763.32 in medical expenses previously paid through the Sheriff's Department's self-insurance program.
2. Whether the sheriff's potentially distinct capacities as tort defendant and administrator of the self-insurance program prevented application of the prohibition against double recovery.

Disposition

affirmed