- 8 - F.3d 1040, 1047 (10th Cir. 1996); Kovacs v. Commissioner, 100 T.C. 124, 130 (1993), affd. without published opinion 25 F.3d 1048 (6th Cir. 1994); Greer v. Commissioner, T.C. Memo. 2000-25; Delaney v. Commissioner, T.C. Memo. 1995-378, affd. 99 F.3d 20 (1st Cir. 1996). B. Whether LPCF Paid More Than $400,000 for Personal Injuries The following facts show that LPCF did not pay petitioners more than $400,000 for personal injuries. 1. LPCF Had No Reason To Pay More Than $400,000 for Personal Injuries The maximum liability under La. Rev. Stat. Ann. section 40:1299.42(B)(1) for medical malpractice claims is $500,000. The State court credited LPCF with $100,000 for petitioners’ earlier settlement with Pendleton Hospital. Thus, LPCF’s liability for personal injury damages was limited to $400,000 under Louisiana law. Id. We infer from this fact that LPCF did not pay more than $400,000 in damages for personal injuries. 2. LPCF’s Allocation LPCF allocated $400,000 of the $839,000 payment to general damages and $439,000 to interest. 3. The Settlement Negotiations and Settlement Agreement Petitioners contend that the settlement negotiations and settlement agreement show that the entire $839,000 payment was damages for personal injuries. Petitioners contend that LPCF negotiated the settlement to replace the State court judgmentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011