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BOZEMAN v. STATE

No. 2003-C-1016.

879 So.2d 692 (2004)

Linda BOZEMAN, Individually and on Behalf of Tommy Bozeman v. STATE of Louisiana, and the Department of Transportation and Development.

Supreme Court of Louisiana.

Rehearing Denied September 3, 2004.

Attorney(s) appearing for the Case

Jack M. Bailey, Jr., James A. Cooper, Jr., Shreveport, Mary Lou Salley, Counsel for Applicant.

Claude W. Bookter, Jr., Shreveport, Charles Foti, Jr., Attorney General, LaVon D. Raymond, Counsel for Respondent.

David A. Abramson, Stevan C. Dittman, New Orleans, Counsel for Louisiana Trial Lawyer's Association (Amicus Curiae).

JOHNSON, Justice.

This personal injury case is the first instance where this court has addressed the application of the collateral source rule to medical expenses "written-off" or contractually adjusted by healthcare providers pursuant to the federal Medicaid program. Under the collateral source rule, a tortfeasor may not benefit, and an injured plaintiff's tort recovery may not be reduced, because of monies received by the plaintiff from sources independent of the...

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