Calcagno v. Gonzales
Louisiana Court of Appeal
802 So. 2d 643 (1999)
- Written by Abby Roughton, JD
Facts
Lynne and Joseph Calcagno (plaintiffs) were injured when their car was rear-ended by a car driven by uninsured motorist Donald Gonzales (defendant). The Calcagnos brought an action against their uninsured/underinsured-motorist-insurance carrier, Progressive Insurance Company (Progressive) (defendant), and later amended their complaint to add Gonzales as a defendant. Before trial, Progressive unconditionally tendered Lynne $27,000 and paid her $2,500 in medical payments. Progressive also unconditionally tendered Joseph $29,500 and paid him $2,500 in medical payments. The Calcagnos filed a motion in limine seeking to exclude evidence of Progressive’s payments, but the trial court denied the motion and admitted evidence of the payments during trial. The jury ultimately awarded the Calcagnos $500 each in general damages, awarded Lynne $1,038 in medical expenses, and awarded Joseph $925 in medical expenses. The Calcagnos appealed, arguing that the trial court improperly admitted evidence of Progressive’s payments. The Calcagnos also asked the appellate court to conduct a de novo review of the jury’s damages award and to increase the award.
Rule of Law
Issue
Holding and Reasoning (Cannella, J.)
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