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California Court of Appeal


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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