Kenney v. Liston

760 S.E.2d 434 (2014)

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Nature of the Case

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Facts

P was a passenger in a vehicle sitting at a stoplight. D slammed his car into the rear end of P's vehicle. D did not brake before the collision and had previously consumed a number of alcoholic beverages. An hour after the collision D's blood alcohol was measured at .328, over four times the legal limit. P suffered serious, permanent, and painful injuries. P incurred medical bills in excess of $70,000.00. The law permits a plaintiff to recover the necessary and reasonable medical expenses for an injury from a tortfeasor. Proof that a medical bill was incurred is prima facie evidence the expense was necessary and reasonable. P sought to recover the entire billed amount as his necessary and reasonable medical expenses. D filed a motion in limine and asserted that only a portion of each medical bill had been paid. By an agreement between P's medical providers and his health insurance carrier, the medical bills were discounted, reduced, or adjusted downward. D asserted that P's damages 'should be limited to the amounts actually paid by P and amounts paid on P's behalf by any collateral source,' such as P's health insurance carrier. The court denied D's because the discounts or write-offs were a collateral source to P. P was entitled to recover damages for the value of any reasonable and necessary medical services he received, 'whether such services are rendered gratuitously or paid for by another. The circuit court prevented D from offering any evidence that the bills for P's medical services were either reduced by the provider or paid by the health insurer at a discounted rate. The jury awarded P compensatory damages totaling $325,272.92. The verdict included $74,061.00 for medical expenses, an amount almost equal to the total amount of P's medical bills. D appealed.