HLS 21RS-803 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 552
BY REPRESENTATIVE MARCELLE
APPROPRIATIONS/JUDGMENT: Appropriates funds for payment of the amended non-
appealable judgment by consent against the state in the suit entitled Mitchell
Johnson, Jr. v. State of Louisiana et al. c/w David Lanus et al. v. State of Louisiana
et al.
1 AN ACT
2To appropriate monies out of the state general fund for Fiscal Year 2020-2021 to be used to
3 pay the amended non-appealable judgment by consent captioned "Mitchell Johnson,
4 Jr. versus state of Louisiana through the Department of Transportation and
5 Development, et al. consolidated with Davis Lanus, et al. versus state of Louisiana,
6 through the Department of Transportation and Development, et al." against the state
7 of Louisiana, through the Department of Transportation and Development and in
8 favor of Mitchell Johnson, Jr., and against the state of Louisiana, through the
9 Department of Transportation and Development and in favor of David and Shayla
10 Lanus; to provide for certain requirements and limitations; to provide for an effective
11 date; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. The sum of Three Hundred Seventy-Five Thousand Two Hundred Eighty-
14Six and No. 46/100 ($375,286.46) dollars for general damages and past and future lost wages
15and past medical expenses, plus interest on the sum from the date of judicial demand until
16paid, is hereby payable out of the State General Fund (Direct) for Fiscal Year 2020-2021 for
17payment of the amended non-appealable judgment by consent captioned "Mitchell Johnson,
18Jr. versus state of Louisiana through the Department of Transportation and Development,
19et al. consolidated with Davis Lanus, et al. versus state of Louisiana, through the Department
20of Transportation and Development, et al.", signed on March 12, 2020, against the state of
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HB NO. 552
1Louisiana, through the Department of Transportation and Development and Mitchell
2Johnson, Jr., bearing Number 111.837, Division "A" consolidated with 111.948 Division
3"D", on the docket of the Twenty-Third Judicial District Court, parish of Ascension, state
4of Louisiana.
5 Section 2. A sum of up to Thirty-Two Thousand Nine Hundred Forty-Four and No.
668/100 ($32,944.68) dollars awarded to Mitchell Johnson, Jr. in the judgment for future
7medical care and related benefits shall be payable from the Future Medical Care Fund
8pursuant to R.S. 39:1533.2.
9 Section 3. The sum of One Million Two Hundred Forty-One Thousand Three
10Hundred Forty-Nine and No. 40/100 ($1,241,349.40) dollars for certain damages and
11medical expenses, plus interest on the sum from the date of judicial demand until paid, is
12hereby payable out of the State General Fund (Direct) for Fiscal Year 2020-2021 for
13payment of the amended non-appealable judgment by consent captioned "Mitchell Johnson,
14Jr. versus state of Louisiana through the Department of Transportation and Development,
15et al. consolidated with Davis Lanus, et al. versus state of Louisiana, through the Department
16of Transportation and Development, et al.", signed on March 12, 2020, against the state of
17Louisiana, through the Department of Transportation and Development and in favor of
18David and Shayla Lanus, bearing Number 111.837, Division "A" consolidated with 111.948
19Division "D", on the docket of the Twenty-Third Judicial District Court, parish of
20Ascension, state of Louisiana.
21 Section 4. The judgment may only be paid from this appropriation if it is final and
22shall be paid as to principal, interest, court costs, and expert witness fees as awarded in the
23judgment. If the provisions of the judgment conflict with the provisions of this Act, the
24provisions of the judgment shall be controlling. Any other provision of this Act not in
25conflict with the provisions of the judgment shall control. Payment shall be made only after
26presentation to the state treasurer of documentation required by the state treasurer. Further,
27the judgment shall be deemed to have been paid on the effective date of this Act, and interest
28shall cease to run as of that date.
29 Section 5. This Act shall become effective upon signature by the governor or, if not
30signed by the governor, upon expiration of the time for bills to become law without signature
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HB NO. 552
1by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
2vetoed by the governor and subsequently approved by the legislature, this Act shall become
3effective on the day following such approval.
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 552 Original 2021 Regular Session Marcelle
Appropriates $375,286.46 out of the State General Fund (Direct) for FY 20-21 for payment
of the amended non-appealable judgment by consent captioned "Mitchell Johnson, Jr. versus
state of Louisiana through the Department of Transportation and Development, et al.
consolidated with Davis Lanus, et al. versus state of Louisiana, through the Department of
Transportation and Development, et al.", against the state of Louisiana, through Department
of Transportation and Development, and in favor of Mitchell Johnson, Jr., bearing Number
111.837, Division "A" consolidated with 111.948 Division "D", on the docket of the
Twenty-Third Judicial District Court, parish of Ascension, state of Louisiana.
Appropriates up to $32,944.68 for future medical care from the Future Medical Care Fund
pursuant to R.S. 39:1533.2 to Mitchell Johnson, Jr.
Appropriates $1,241,349.40 out of the State General Fund (Direct) for FY 20-21 for payment
of the amended non-appealable judgment by consent captioned "Mitchell Johnson, Jr. versus
state of Louisiana through the Department of Transportation and Development, et al.
consolidated with Davis Lanus, et al. versus state of Louisiana, through the Department of
Transportation and Development, et al.", against the state of Louisiana, through Department
of Transportation and Development, and in favor of David and Shayla Lanus, bearing
Number 111.837, Division "A" consolidated with 111.948 Division "D", on the docket of
the Twenty-Third Judicial District Court, parish of Ascension, state of Louisiana.
Proposed law provides requirements for payment from the state treasury. Provides
contingencies in case of conflict between judgment and proposed law. Prohibits accrual of
interest on the judgment as of the effective date of proposed law.
Effective upon signature of the governor.
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