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LeBlanc v. Baxter5/31/2005
rish is correct on both issues.
La.R.S. 13:5106 limits recovery for personal injury and wrongful death in cases against the State, its agencies or political subdivisions. If future medical expenses are awarded, R.S. 13:5106 B(3)(a) provides that the court must established a reversionary trust for the benefit of the claimant, out of which all future medical expenses are to be paid. The statute also regulates the procedure for such a trust. In addition, R.S. 13:5112 requires the trial judge to specify a dollar amount of court costs when awarded against the state or political subdivisions. Thus, we must remand the matter to the trial court for compliance with the requirements of La.R.S. 13:5106 B(3)(a) and R.S. 13:5112.
Accordingly, the judgment of the trial court is hereby affirmed as to liability, the amount of damages and the assessment of costs against the Parish. The case is remanded for compliance with the provisions of La.R.S. 13:5106 B(3)(a) for the establishment of a reversionary trust, and for compliance with La.R.S. 13:5112, relative to fixing the amount of court costs assessed against the Parish.
AFFIRMED AND REMANDED
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