A Louisiana court has overturned a trial court's decision in a case involving a prank gone wrong, resulting in an injury. The Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (LSU) filed an appeal on August 2, 2023, challenging the judgment that awarded $120,000 plus legal interest and court costs to Eddie L. Collier III and Terrell Collier.
The case stems from an incident where Eddie L. Collier III was injured during a training session under LSU's direction. According to the plaintiffs, LSU employees John P. Miller and Michael “Clay” Crain conspired with others to rig a cooler with a rubber snake that leaped out when opened by Mr. Collier, causing him to fall and injure his knee. The Colliers sued for personal injuries and loss of consortium, alleging negligence on the part of LSU and its employees.
In June 2023, LSU made an offer of judgment for $120,000 exclusive of legal interest and court costs under La. C.C.P. art. 970, which the Colliers accepted the next day. However, when LSU refused to pay additional sums for interest and court costs, the plaintiffs filed a cross-motion seeking these amounts as well. The trial court sided with the Colliers, awarding them $120,000 plus legal interest from the date of judicial demand until paid and court costs amounting to $3,585.78.
LSU appealed this decision arguing that their offer was meant to settle all claims without any admission of liability or additional sums beyond the $120,000 offered. They contended there was no legal basis for adding interest or court costs since their offer explicitly excluded these amounts.
Upon review, the appellate court found that La. C.C.P. art. 970 does not determine whether LSU must pay legal interest and court costs in this instance because it is exclusive of these amounts unless otherwise recoverable by law in such cases. The appellate judges concluded that La R.S. 13:4203 concerning judgments "sounding in damages ex delicto" did not apply here as LSU was not cast in judgment but sought compromise through an offer of judgment.
The appellate court reversed the trial court’s decision granting legal interest and additional costs to the plaintiffs while upholding only the initial $120,000 settlement amount agreed upon by both parties without any further sums for legal interest or court costs.
Representing the plaintiffs were attorneys Matthew T. Lofaso along with Zachary S Walker & S Bradley Rhorer from Baton Rouge while Liz Murrill Attorney General Christopher W Stidham Special Assistant Attorney General represented defendants alongside Michael "Clay" Crain from Baton Rouge before Judges Welch Theriot Penzato Greene Stromberg presiding over Case ID C654579 Division Section 25