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Bozeman v. State

Louisiana Supreme Court
879 So. 2d 692 (2004)


Tommy Bozeman (plaintiff) was in a car accident that caused him serious injuries, including brain damage. Bozeman was hospitalized for a month, and then he spent three years in a long-term care facility until his death. Bozeman’s medical expenses from his injuries and long-term care were paid by Medicaid, to the extent that Medicaid approved his claims. In accordance with Medicaid regulations, Bozeman’s health-care providers wrote off a large portion of the expenses they had billed to Bozeman. Bozeman’s widow sued the Louisiana Department of Transportation and Development (DOTD) on Bozeman’s behalf, alleging that Bozeman’s accident was the result of an unreasonably dangerous highway. The trial court awarded Bozeman damages in the full amount of his medical expenses. The state appealed, and the court of appeals reduced Bozeman’s award by the amount of medical expenses that health-care providers had written off in accordance with Medicaid regulations. Bozeman’s widow appealed.

Rule of Law


Holding and Reasoning (Johnson, J.)

Concurrence (Knoll, J.)

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