California Court of Appeal

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Yanez v. SOMA Envtl. Eng'g, Inc., A123893

In plaintiff's suit for injuries she suffered in an automobile accident, trial court's grant of defendants' motion to reduce the award for medical expenses from $44,519.01 to $18,368.24 is reversed and remanded where: 1) trial court erred in reducing plaintiff's damages to the amount actually paid by her insurers as the amounts written off by plaintiff's health care providers constitute collateral benefits of her insurance; and 2) on remand, the trial court is to award plaintiff prejudgment interest under Civ. Code section 3291.

Appellate Information

  • Decided 06/24/2010
  • Published 06/24/2010

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Court

  • California Court of Appeal

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