Fred Defrancesch, M.D., LLC et al v. Republic Fire & Casualty Insurance Company

Filing 83

ORDER AND REASONS granting 62 Motion in Limine to Preclude Testimony and/or Evidence Regarding Mental Anguish, Emotional Distress, Inconvenience, or Loss of Enjoyment of Life. Signed by Judge Susie Morgan. (bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
FRED DEFRANCESCH, MD, LLC et al.,
Plaintiffs

CIVIL ACTION

VERSUS

NO. 13-5583

REPUBLIC FIRE & CASUALTY
INSURANCE COMPANY,
Defendant

SECTION “E”

ORDER AND REASONS
Before the Court is defendant Republic Fire and Casualty Insurance Company's
("Republic") Motion in Limine to Preclude Testimony and/or Evidence Regarding Mental
Anguish, Emotional Distress, Inconvenience, or Loss of Enjoyment of Life.1 Plaintiff, Fred
DeFrancesch, M.D., LLC ("Plaintiff"), opposes Republic's motion.2
Republic moves to preclude any testimony or evidence at trial regarding mental
anguish, emotional distress, inconvenience, or loss of enjoyment of life. Plaintiff, an LLC,
has requested that the jury be instructed regarding general damages, "such as loss of
enjoyment of life and mental anguish."3 Plaintiff also requests that the jury determine an
amount of general damages in its proposed jury verdict form.4
Louisiana federal courts have consistently held that a juridical entity such as an LLC
or a corporation can suffer only economic damage. See e.g. Walle Corp v. Rockwell
Graphics Systems, Inc., 1992 WL 245963, at *5 (E.D. La. Sept. 21, 1992) ("As an entity
designed to produce profits, the only type of loss a corporation can suffer is economic").

1

R. Doc. 62.

2

R. Doc. 71.

3

R. Doc. 58, p. 18.

4

R. Doc. 52, p. 3.

Thus, an LLC "cannot suffer non-pecuniary damages in the form of, inter alia, negligent or
intentional infliction of emotional distress, loss of enjoyment, inconvenience and, in
general, mental and emotional damages." Kelly v. Porter, Inc., 687 F. Supp. 2d 632, 638
(E.D. La. 2010). Because Plaintiff cannot recover general damages for mental anguish,
emotional distress, inconvenience, or loss of enjoyment of life, the Court finds it
appropriate to preclude any testimony or evidence related to such damages.
Accordingly, IT IS ORDERED that Republic's motion in limine precluding
testimony and/or evidence regarding mental anguish, emotional distress, inconvenience,
or loss of enjoyment of life be and hereby is GRANTED.
New Orleans, Louisiana, this 25th day of July, 2014.
_____________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE