Majoue v. Play 8 Ltd. Inc. et al
Filing
96
ORDER AND REASONS granting in part and denying in part 86 MOTION to Strike Future Special Damages. Signed by Judge Greg Gerard Guidry on 2/7/2024. (lag)
ORDER AND REASONS
The Court has before it a Motion in Limine filed by Defendants Play 8 Ltd. Inc.
and Waterslides of the Coast, L.L.C. (collectively “Defendants”). R. Doc. 86. Defendants move
the Court to strike Plaintiff Nathan Majoue’s claims for special damages for future lost wages
and benefits, future household services, and future medical expenses. See R. Doc. 86-1. Plaintiff
states he no longer seeks damages for future lost wages and benefits or future household
services as he has been able to return to full-time employment. R. Doc. 89 at 1. However,
Plaintiff opposes Defendants’ Motion as to his claim for future medical expenses. See id.
Although supported by the testimony of several treating physicians and the expert report
of Plaintiff’s life care, Defendants argue Plaintiff should not be permitted to present evidence at
trial regarding his need for future medical care and seeking the cost therefor because Plaintiff has
not identified an economic expert who would testify as to the current value of those damages. R.
Doc. 86-1 at 6–9. They assert allowing such testimony would “confuse the jury and prejudice the
defendants.” Id. at 9. Essentially, Defendants argue Louisiana law requires the testimony of an
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economic expert to explain to the jury how to calculate the present value of any and all awards of
future damages to render the amount awarded more than “speculative or conjectural.” Id. at 5
(quoting Masinter v. Tenneco Oil Co., 929 F.2d 191, 194 (5th Cir. 1991)).
Although the Fifth Circuit had held that such future damage awards must be discounted to
their present value, see Culver v. Slater Boat Co., 722 F.2d 114, 122 (5th Cir. 1983), “an economic
expert is not an absolute prerequisite to recover future damages.” Edwards v. Permobil, Inc., 2013
WL 12230886, at *1 (E.D. La. Aug. 12, 2013) (citing Bonura v. Sea Land Service, Inc., 505 F.2d
665, 669 (5th Cir. 1974)). As the Louisiana Supreme Court has explained, “future medical
expenses must be established with some degree of certainty[,]” but:
[w]hen the record establishes that future medical expenses will be necessary and
inevitable, the court should not reject an award of future medical expenses on the
basis that the record does not provide the exact value of the necessary expenses, if
the court can examine the record and determine from evidence of past medical
expenses and other evidence a minimum amount that reasonable minds could not
disagree will be required.
Menard v. Lafayette Ins. Co., 2009-1869 (La. 3/16/10), 31 So. 3d 996, 1006 (quoting Stiles
v. K Mart Corp., 597 So. 2d 1012, 1013 (La. 1992)). Courts in the Fifth Circuit “presume[] that
jurors are capable enough and aware enough of modern economics to be able to reduce gross loss
to present value intelligently once they have been instructed to perform this function.” Bonura,
505 F.2d at 669 (citations omitted). Accordingly, “if the jury is presented with sufficient evidence
to discount any future damages, an expert is not necessary.” Johnson v. Lopez-Garcia, 2021 WL
3630109, at *3 (E.D. La. Aug. 17, 2021) (citing Edwards, 2013 WL 12230886, at *1). The lack of
an economic expert is not fatal to Plaintiff’s claim for future medical expenses, and Defendant’s
motion to strike that claim must be denied.
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Therefore, IT IS ORDERED that Defendant’s Motion is GRANTED IN PART as to
Plaintiff’s claims for future lost wages and benefits and future household services, which are
hereby stricken.
IT IS FURTHER ORDERED that Defendant’s Motion is DENIED IN PART as to
Plaintiff’s claim for future medical expenses.
New Orleans, Louisiana, this 7th day of February, 2024.
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