Howell v. Hamilton Meats & Provisions, Inc., No. D053620 - Injury & Tort Law - California Case Law
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Howell v. Hamilton Meats & Provisions, Inc., No. D053620

In an action arising from injuries plaintiff sustained in a vehicle accident caused by the negligent driving of defendant's employee, grant of defendant's motion to reduce by $130,286.90 a jury's special verdict award for plaintiff's past injury-related medical related expenses to $59,691.73 is reversed and remanded where in a personal injury case in which the plaintiff has private health care insurance, the negotiated rate differential is a benefit within the meaning of the collateral source rule, and thus the plaintiff may recover the amount of the differential as part her recovery of economic damages for the past medical expenses she incurred for care and treatment of her injuries.    

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Filed November 23, 2009

Judges

Opinion by Judge Nares

Counsel
For Appellant:   LaFave & Rice, John J. Rice; Basile Law Firm, J. Jude Basile; Law Offices of J. Michael Vallee and J. Michael Vallee

For Appellee:  Tyson & Mendes and Robert F. Tyson