Howell v. Hamilton Meats & Provisions, Inc.

52 Cal.4th 541 (2011)

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Nature of the Case

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Facts

P was seriously injured in an automobile accident negligently caused by D. D conceded liability and the necessity of the medical treatment P had received, contesting only the amounts of P's economic and noneconomic damages. The total amount billed for her medical care up to the time of trial was $189,978.63, and the jury returned a verdict awarding that same amount as damages for P's past medical expenses. D moved in limine to exclude evidence of medical bills that neither P nor her health insurer, PacifiCare, had paid. D asserted the retail bill was adjusted downward for the sum that the insurer paid. D argued that because only the amounts paid by P and her insurer could be recovered, the larger amounts billed by the providers were irrelevant and should be excluded. The trial court denied the motion, ruling that P could present her full medical bills to the jury and any reduction to reflect payment of reduced amounts would be handled through “a post-trial Hanif motion.” D then made a “post-trial motion' seeking a reduction of $130,286.90, the amount assertedly “written off” by P's medical care providers. The Scripps declaration stated that of the $122,841 billed for P's surgeries, PacifiCare paid $24,380, plaintiff paid $3,566, and the remaining $94,894 was “ ‘written off’ or waived. The CORE declaration stated that of the surgeon's bill for $52,915, PacifiCare paid $9,665, and $35,392 was waived or written off pursuant to CORE's agreement with PacifiCare. P argued reduction of the medical damages would violate the collateral source rule. The trial agreed with D. P appealed, and the Court of Appeals reversed.