Perspective
Mar. 27, 2014
Tactic to sidestep medical damages limits shutdown
Last month, the 2nd District threw a roadblock in the way of a particular maneuver intended to avoid limits on medical expenses that plaintiffs can recover. By Barry Rodolff
In its August 2011 landmark decision Howell v. Hamilton Meats & Provisions Inc., 52 Cal. 4th 541 (2011), the state Supreme Court held that an injured plaintiff whose medical expenses are covered by insurance cannot recover more for such expenses than his health insurer actually paid his doctors and hospitals. The much larger amount those doctors and hospitals almost certainly billed the plaintiff is irrelevant. "Where the provider...
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