HLS 16RS-174 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 36
BY REPRESENTATIVE CHAD BROWN
APPROPRIATIONS/JUDGMENT: Appropriates funds for payment of judgment against
the DOTD in the matter of "Kayla Schexnayder and Emily Lagarde v. State of
Louisiana, Department of Transportation and Development"
1 AN ACT
2To appropriate funds out of the General Fund of the state of Louisiana for Fiscal Year 2016-
3 2017 to be used to pay the consent judgment in the suit entitled "Kayla Schexnayder
4 and Emily Lagarde v. State of Louisiana, Department of Transportation and
5 Development"; to provide for interest; to provide for court costs; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. A. The sum of Seven Hundred Ten Thousand Six Hundred Ninety-Three
9and 47/100 ($710,693.47) Dollars, plus six percent (6%) interest from May 29, 2008,
10through November 13, 2013, plus judicial interest from November 14, 2013, until paid, plus
11expert fees in the amount of Eighteen Thousand One Hundred Ninety and 01/100
12($18,190.01) Dollars, in favor of plaintiff, Kayla Schexnayder, is hereby appropriated out
13of the General Fund of the state of Louisiana for Fiscal Year 2016-2017 to be used to pay
14the amended judgment in the suit entitled "Kayla Schexnayder and Emily Lagarde v. State
15of Louisiana, Department of Transportation and Development", bearing Number 31,002 on
16the docket of the Twenty-Third Judicial District Court, parish of Assumption, state of
17Louisiana.
18 B. From the above monetary award amount payable to Kayla Schexnayder, the
19amount of Four Thousand Six Hundred Ten and 15/100 ($4,610.15) Dollars shall be paid to
20the Department of Health and Hospitals for Medicaid reimbursement in the suit entitled
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HB NO. 36
1"Kayla Schexnayder and Emily Lagarde v. State of Louisiana, Department of Transportation
2and Development", bearing Number 31,002 on the docket of the Twenty-Third Judicial
3District Court, parish of Assumption, state of Louisiana.
4 C. Monies awarded in this judgment to Kayla Schexnayder for future medical
5expenses shall be payable from the Future Medical Care Fund established pursuant to R.S.
639:1533.2. Payment for such future medical expenses shall be paid directly to the medical
7provider as they are incurred pursuant to R.S. 13:5106(B)(3)(c).
8 Section 2.A. The sum of Three Hundred Fifty-Seven Thousand Three Hundred
9Eleven and No/100 ($357,311.00) Dollars, plus six percent (6%) interest from May 29, 2008,
10through November 13, 2013, plus judicial interest from November 14, 2013, until paid, plus
11expert fees in the amount of Fourteen Thousand Three Hundred Fifty and 28/100
12($14,350.28) Dollars, in favor of plaintiff, Emily Lagarde, is hereby appropriated out of the
13General Fund of the state of Louisiana for Fiscal Year 2016-2017 to be used to pay the
14amended judgment in the suit entitled "Kayla Schexnayder and Emily Lagarde v. State of
15Louisiana, Department of Transportation and Development", bearing Number 31,002 on the
16docket of the Twenty-Third Judicial District Court, parish of Assumption, state of Louisiana.
17 B. Monies awarded in this judgment to Emily Lagarde for future medical expenses
18shall be payable from the Future Medical Care Fund established pursuant to R.S. 39:1533.2.
19Payment for such future medical expenses shall be paid directly to the medical provider as
20they are incurred pursuant to R.S. 13:5106(B)(3)(c).
21 Section 3.A. The sum of Four Thousand Five Hundred Twenty-Five and 86/100
22($4,525.86) Dollars, in favor of the Assumption Parish Clerk of Court, is hereby
23appropriated out of the General Fund of the state of Louisiana for Fiscal Year 2016-2017 to
24be used to pay plaintiff's court costs in the suit entitled "Kayla Schexnayder and Emily
25Lagarde v. State of Louisiana, Department of Transportation and Development", bearing
26Number 31,002 on the docket of the Twenty-Third Judicial District Court, parish of
27Assumption, state of Louisiana.
28 B. The sum of Four Hundred Forty-Four and 86/100 ($444.86) Dollars, in favor of
29the State of Louisiana Division of Administration, Office of Risk Management is hereby
30appropriated out of the General Fund of the state of Louisiana for Fiscal Year 2016-2017 to
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HB NO. 36
1reimburse the Office of Risk Management for a portion of plaintiff's court costs previously
2advanced in this matter.
3 Section 4. The judgment provided for in Sections 1 and 2 hereof shall be deemed to
4have been paid on the effective date of this Act and legal interest shall cease to run as of that
5date.
6 Section 5. This Act shall become effective on July 1, 2016; if vetoed by the governor
7and subsequently approved by the legislature, this Act shall become effective on July 1,
82016, or on the day following such approval by the legislature, whichever is later.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 36 Original 2016 Regular Session Chad Brown
Appropriates from the state general fund for FY 16-17 the sum of $710,693.47 in favor of
the plaintiff Kayla Schexnayder, less amounts due to the Department of Health and Hospitals
for Medicaid reimbursement, plus the sum of $357,311 in favor of the plaintiff Emily
Lagarde, plus interest and costs, to pay the amended judgment in "Kayla Schexnayder and
Emily Lagarde v. State of Louisiana, Department of Transportation and Development",
bearing Number 31,002 on the docket of the 23
RD
JDC, parish of Assumption.
Effective July 1, 2016.
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