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Bergeron v. Caston9/25/2001
AFFIRMED
In this personal injury action, the Plaintiff challenges the quantum of damages awarded in a judgment in her favor. Because we see no error in the trial court's award or judgment, the decision of the trial court is affirmed.
STATEMENT OF THE CASE
This lawsuit arises out of a car accident in which the Plaintiff, Teresa Bergeron, suffered neck and back injuries. On September 23, 1999, the Plaintiff filed a Petition for Damages against the driver and owner of the other car involved, Genevieve and Billy Caston, and their liability insurer, Allstate Indemnity Company. Also named as a Defendant was Ms. Bergeron's underinsured motorist insurer, GEICO Insurance Company.
On January 11, 2000, the Plaintiff filed an amended petition adding the Parish of St. John the Baptist as a Defendant. However, on May 25, 2000, this Defendant was dismissed. On June 9, 2000, the Plaintiff filed a second amended petition adding an additional damage claim for automobile depreciation. GEICO filed a Motion to Strike the Plaintiff's second amended petition claiming that it violated a May 11, 2000 court order requiring that all amended pleadings be filed no later than forty-five days prior to July 2, 2000, the discovery cut-off date. Because the Plaintiff's second amended petition was filed after the cut-off date set forth in the trial court's order, the trial court granted GEICO's Motion to Strike and dismissed the Plaintiff's second amended petition.
On August 2, 2000, the case was tried as a bench trial. The trial court found the Defendant liable and awarded the Plaintiff $24,291.73 plus judicial interest and costs. The Defendants filed a Motion for New Trial arguing that the trial court failed to consider applicable insurance policy limits of each Defendant insurer. The trial court granted the Defendants' Motion for New Trial and reduced its award of special damages by $2,500.00.
The trial court found the Defendant driver liable and the Plaintiff to be free from fault. On appeal, the Plaintiff only challenges the award of damages. Accordingly, any discussion of the facts surrounding this auto accident is pretermitted.
ASSIGNMENT OF ERROR NUMBER ONE
As her first assignment of error, the Plaintiff argues that the trial court erred in implicitly finding that her employer's Employee Welfare Plan had to intervene in this lawsuit to be paid or protected.
This issue arises out of the fact that the Plaintiff accepted short-term disability benefits from her employer, Cargill, Inc. Cargill's Employee Welfare Plan paid benefits to the Plaintiff during her time of injury . The Plaintiff seeks to recover all of her medical expenses paid by Cargill, Inc. She also seeks to recover her lost wages. The Plaintiff submits that both of these items must be reimbursed by her to her employer's Employee Welfare Plan.
The Plaintiff further argues that such a plan is covered under federal law, which preempts any state subrogation law. According to the Plaintiff, if she does not reimburse these expenses, the administrator of the Plan can bring an action in federal court to compel reimbursement.
The Plaintiff cites almost no authority in support of this assignment of error. In its reasons for judgment, the trial court stated as follows on this issue:
The court notes that plaintiff was paid wages under a short term disability policy. At no point in these proceedings did the carrier come forward and ask to be paid or protected. The court concludes that the subrogation matter is closed and any attempts to collect on this subrogation are without merit.
We agree with the trial court. Th
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