California Court of Appeal

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Katiuzhinsky v. Perry, C050376

Order forbidding plaintiffs from recovering or introducing evidence of medical expenses beyond discounted rate paid by financial services company to medical providers is reversed as: 1) the intervention of a third party in purchasing a medical lien does not prevent a plaintiff from recovering the amounts billed by the medical provider for care and treatment, as long as the plaintiff legitimately incurs those expenses and remains liable for their payment; and 2) the jury can consider the amounts billed by the provider as evidence of the reasonable value of the services.

Appellate Information

  • Decided 06/29/2007
  • Published 06/29/2007

Judges

  • BUTZ, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, C. Athena Roussos, Sacramento;  Jaramillo & Borcyckowski and Amiel Jaramillo, Sacramento, for Plaintiffs and Appellants.

  • For Appellees:
  • Farmer, Murphy, Smith & Alliston, George E. Murphy, Suzanne M. Nicholson, Sacramento;  Trimble, Sherinian & Varanini and Suzanne M. Trimble, Sacramento, for Defendants and Respondents.
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