California Court of Appeal

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Howell v. Hamilton Meats & Provisions, Inc., 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.

Appellate Information

  • Decided 11/23/2009
  • Published 11/23/2009

Judges

  • NARES, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • LaFave & Rice, John J. Rice, San Diego;  Basile Law Firm, J. Jude Basile, San Luis Obifto;  Law Offices of J. Michael Vallee and J. Michael Vallee, Solana Beach, for Plaintiff and Appellant., Hinton, Alfert & Sumner, Scott H.Z. Sumner and Jeremy N. Lateiner, Walnut Creek, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

  • For Appellees:
  • Tyson & Mendes and Robert F. Tyson, La Jolla, for Defendant and Respondent., Greines, Martin, Stein & Richland and Robert A. Olson, Los Angeles, for Association of Southern California Defense Counsel as Amicus Curiae on behalf of Defendant and Respondent., Horvitz & Levy, David S. Ettinger and H. Thomas Watson, Encino, for Association of California Insurance Companies and Personal Insurance Federation of California as Amici Curiae on behalf of Defendant and Respondent.
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