- 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 judgment
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