Montgomery Ward & Co., Inc. v. Anderson

976 S.W.2d 382 (1998)

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Nature of the Case

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Facts

Shirley Anderson (P) was badly injured in a fall while shopping in D's store in Little Rock. D personnel sent her to the hospital at the University of Arkansas for Medical Sciences to be treated. P had medical-services totaling $24,512.45. D moved in limine to prohibit P from presenting the total amount billed by UAMS as proof of her medical expenses and asked that her evidence be limited to the actual amount for which she would be responsible to pay. P stated that, through her attorney, she had reached an agreement with UAMS that UAMS would discount the bill by fifty percent. P asserted that the collateral-source rule would prohibit D from introducing evidence of the discount. The Trial Court denied the motion in limine, ruling that the negotiated discount with UAMS was a collateral source, and allowed evidence of the entire amount billed by UAMS. D urges that the ruling and the denial of the motion for new trial made on the same basis were erroneous.