ANNE MADELINE SCHAUBHUT VERSUS NEWELL NORMAND, INDIVIDUALLY AND IN HIS CAPACITY AS SHERIFF OF JEFFERSON PARISH AND MAYA SEYMOUR
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ANNE MADELINE SCHAUBHUT NO. 15-CA-764 VERSUS FIFTH CIRCUIT NEWELL NORMAND, INDIVIDUALLY AND IN HIS CAPACITY AS SHERIFF OF JEFFERSON PARISH AND MAYA SEYMOUR COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 695-668, DIVISION "J" HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING COURT OF APPEAL FIFTH CIRCU rr FEBRUARY 29,2016 FILED FEB 2 9 2016 JUDGE ~l fl J Of1.'J/~k;/-:__ ..r:« ~~ • ROBERT A. CHAISSON ('! .... L_L ... · Cheryl QlIirl< L..,;li.!:-;iill Panel composed of Judges Fredericka Homberg Wicker, Robert A. Chaisson, and Hans J. Liljeberg ANDREW D. BIZER GARRETT S. DEREUS ATTORNEYS AT LAW 3319 St. Claude Avenue New Orleans, Louisiana 70117 COUNSEL FOR PLAINTIFF/APPELLEE-2ND APPELLANT FRANK M. BUCK, JR. ATTORNEY AT LAW 757 St. Charles Avenue Suite 201 New Orleans, Louisiana 70130 COUNSEL FOR PLAINTIFF/APPELLEE-2ND APPELLANT EDMUND W. GOLDEN ATTORNEY AT LAW One Galleria Boulevard Suite 1822 Metairie, Louisiana 70001 COUNSEL FOR DEFENDANT/APPELLANT APPEALS DISMISSED W- In this tort action, both Anne Madeline Schaubhut and the defendants appeal the judgment rendered in favor of Ms. Schaubhut. Ms. Schaubhut contends that the amount awarded to her for general damages is inadequate and that the trial court erred in failing to award her any amount for future medical expenses; the defendants contend that the trial court erred in awarding Ms. Schaubhut that portion of her past medical expenses that were written-off pursuant to a Medicaid adjustment. FACTS AND PROCEDURAL HISTORY On January 1,2010, Ms. Schaubhut was involved in a motor vehicle accident with an on-duty Jefferson Parish Sheriffs deputy when the deputy's vehicle crossed the center line in a curve and struck Ms. Schaubhut's vehicle headon. Although Ms. Schaubhut contended at trial that her vehicle never left her lane of travel, the deputy maintained that Ms. Schaubhut's vehicle crossed the center -2 line and forced the deputy's vehicle into Ms. Schaubhut's lane. Ms. Schaubhut sustained injuries to her left leg, her back, and her neck. After a judge trial, the trial court found the deputy to be solely at fault in causing the accident and rendered a money judgment in favor of Ms. Schaubhut. Both Ms. Schaubhut and defendants thereafter appealed the judgment. Subsequent to both parties filing appellant, appellee and reply briefs, the parties settled the case shortly before the scheduled oral argument in this matter. Both parties thereafter filed motions to dismiss their appeals, but provided orders which inadvertently indicated the case number as 15-CA-765. Accordingly, we grant the parties' motions to dismiss, vacate the orders previously signed with an incorrect case designation of 15-CA-765, and hereby dismiss both Ms. Schaubhut's appeal and defendants' appeal in case number 15-CA-764. APPEALS DISMISSED -3 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. L1UEBERG MARY E. LEGNON CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT MELISSA C. LEDET 101 DERBIGNY STREET (70053) JUDGES DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH Uniform Rules - Court of Appeal, Rule 2-20 THIS DAY FEBRUARY 29. 2016 TO THE TRIAL ruDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: J, ,/,, ;xi ~/ t4~ . A C ERYU Q. CANDRIEU CLERK OF COURT 15-CA-764 E-NOTIFIED EDMUND W. GOLDEN ANDREW D. BIZER MAILED GARRETT S. DEREUS ATTORNEY AT LAW 3319 ST. CLAUDE AVENUE NEW ORLEANS, LA 70117 FRANK M. BUCK, JR. ATTORNEY AT LAW 757 ST. CHARLES AVENUE SUITE 201 NEW ORLEANS, LA 70130 MARK P. GLAGO JATAVIAN WILLIAMS COLINK. WADE ATTORNEYS AT LA W 909 POYDRAS STREET SUITE 2950 NEW ORLEANS, LA 70112
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