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Alexander v. Tate

30 So. 3d 1122 (2010)

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Alexander v. Tate

Louisiana Court of Appeal

30 So. 3d 1122 (2010)

Facts

In August of 2005, Donald Alexander (plaintiff) allegedly suffered injuries when his vehicle was struck by a vehicle driven by Ira Tate (defendant). Alexander sued Tate, Tate’s employer, the employer’s insurer, and the owner of the car Tate was driving (defendants), seeking damages. Alexander alleged that his injuries included neck and back pain. In March of 2008, Alexander was injured in another car accident. Alexander brought an action seeking recovery for damages sustained in the 2008 accident, and he settled that action for $8,000. In the action against Tate and the other defendants, issues arose regarding whether Alexander’s 2008 injuries had impacted the injuries Alexander allegedly suffered in 2005. At trial, Alexander sought permission to tell the jury about the $8,000 settlement for the 2008 accident to show the jury that he did not suffer serious injuries in that accident. Tate and the other defendants objected, but the trial court allowed Alexander to tell the jury about the $8,000 settlement payment. The jury ultimately concluded that Alexander was 10 percent at fault in the collision with Tate and awarded Alexander damages. Tate and the other defendants appealed to the Louisiana Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Chatelain, J.)

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