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Case Name | Howell v. Hamilton Meats & Provisions, Inc. | |
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Date | 08/18/2011 | |
Note | Personal injury plaintiffs may not collect the undiscounted portion of a provider's bill that was never paid for by the plaintiff or their health insurer, the Supreme Court of California ruled on Thursday. | |
Citation | S179115 | |
WCC Citation | WCC 37912011 CA |
HOWELL v. HAMILTON MEATS & PROVISIONS, INC. REBECCA HOWELL, Plaintiff and Appellant, v. HAMILTON MEATS & PROVISIONS, INC. , Defendant and Respondent. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Rebecca Howell was seriously injured in an automobile accident negligently caused by a driver for defendant Hamilton Meats & Provisions, Inc. (Hamilton). At trial, Hamilton conceded liability and the necessity of the medical treatment plaintiff had received, contesting only the amounts of plaintiff's economic and noneconomic damages. Hamilton moved in limine to exclude evidence of medical bills that neither plaintiff nor her health insurer, PacifiCare, had paid. Had Howell been uninsured, or had Howell's providers donated their services, Howell would be entitled to recover the reasonable cost of her medical care.
Download full case here.
Download full case here.