Louisiana Voice

It’s a plaintiff attorney’s and a legislator’s nightmare.

As an illustration of just how bad the state’s fiscal condition really is, one need only examine the 40 court judgments stemming from litigation against the state in 2016 that have yet to be paid.

As former Speaker of the U.S. House Tip O’Neill once said, all politics is local and when a constituent wins or settles a lawsuit against the state, that person’s legislator is usually prompt in filing a bill in the House to appropriate funds for pay the judgment. That’s important to legislators. The state, after all, has denied classified employees pay raises for the better part of a decade but never missed paying a judgment other than the Jean Boudreaux case—until now.

It’s also a good indication of just how dire the state’s fiscal condition really is.

In all judgments of road hazard cases—cases involving auto accidents where the state is found at fault for inadequate signage, poor road maintenance or improper construction—as well as certain other claims like general liability or medical malpractice, funds must be appropriated via a bill submitted by a legislator.

In past years, with the exception of one major judgment, that has not been a problem. Only the $91.8 million class action judgment resulting from the 1983 flood in Tangipahoa Parish was never paid. In that case, lead plaintiff Jean Boudreaux claimed that construction of Interstate 12 impeded the natural flow of the Tangipahoa River, causing unnecessary flooding of homes and businesses north of I-12.

But in 2016, Rep. Steve Pugh of Ponchatoula submitted a bill to appropriate funds to pay the judgment. He did the same in 2017. It still remains unpaid, along with 36 other judgments totaling another $9.5 million for which bills were approved.

That puts the overall total judgments, including the 34-year-old Boudreaux case at more than $101 million.

And that doesn’t count the cost of attorney fees, expert fees, or court reporter fees, amounts practically impossible to calculate without reviewing the complete payment files on a case-by-case basis.

Twenty-four of the cases had two or more plaintiffs who were awarded money.

In 19 cases, awards were for $100,000 or more and three of those were for more than a million dollars—if indeed the money is ever paid.

In the meantime, judicial interest is still running on some of those judgments, which could run the tab even higher.

A list of those who were either awarded or settled cases in excess of $100,000 that remain unpaid and their parishes include:

• Michael and Mary Aleshire, Calcasieu Parish: $104,380.82;
• Kayla Schexnayder and Emily Legarde, Assumption Parish: $1,068,004;
• Debra Stutes, Calcasieu Parish: $850,000;
• Peter Mueller, Orleans Parish: $245,000;
• Steve Brengettsy and Elro McQuarter, West Feliciana: $205,000;
• Jeffrey and Lillie Christopher, Iberville Parish: $175,000;
• Donald Ragusa and Tina Cristina, East Baton Rouge: $175,000;
• Stephanie Landry and Tommie Varnado, Orleans Parish: $135,000;
• Jennie Lynn Badeaux Russ, Lafourche Parish: $1.5 million;
• Adermon and Gloria Rideaux and Brian Brooks, Calcasieu Parish: $1.375 million;
• Theresa Melancon and DHH Medicaid Program, Rapides Parish: $750,000;
• Rebecca, Kevin and Cheryl Cole and Travelers Insurance, East Baton Rouge: $400,000;
• Samuel and Susan Weaver, Lafourche Parish: $240,000;
• Henry Clark, Denise Ramsey and Lady of Lourdes Medical Center, Lafayette Parish: $326,000;
• Anya and Abigail Falcon and Landon and Nikki Hanchett, Iberville Parish, $946,732.53;
• Adam Moore and James Herrington, East Carroll Parish: $150,000;
• Traci Newsom, Gerald Blow, DHH Medicaid and Ameril-Health Caritas, Tangipahoa Parish: $150,000;
• Michael Villavaso, Orleans Parish: $443,352.51.

Lawsuits against all state agencies are handled by the Office of Risk Management (ORM), which Bobby Jindal privatized in 2011 in order to save the state money.

The privatization didn’t realize the savings Jindal had anticipated but now, at least, it looks as though the Division of Administration has found another way to save money on litigation costs:

Don’t pay the judgments.