Opinion
No. 83-C-0113.
February 11, 1983.
Re: State of Louisiana, et al., applying for Writs of Certiorari or Review, to the Court of Appeal, First Circuit, Number 15,053; 32nd JDC, Terrebonne Parish, Number 54379.
Denied.
WATSON, J., concurs with reasons.
The injured victim must be compensated after a judicial determination of legal responsibility. However, it is shocking to contemplate the payment of a judgment of $3,357,967.22, much of which is for future care, by the State of Louisiana (or for that matter some other defendant) when it is quite possible that the unfortunate accident victim may live longer than the funds would last or expire in a short time. In the latter event, the substantial sum of money would not be repaid to the State, but would go to the victim's heirs. Surely, there must be a better method and I understand that some insurance companies are now making settlements on the basis of annual payments during the injured person's lifetime, or something similar. There is no way to accomplish such an equitable remedy by judicial action in the instant case. This may be a proper subject for legislation.
Therefore, I respectfully concur.