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California Court of Appeal

Moore v. Mercer, 073064

In a negligence action arising out of a car collision, the trial court's judgment in favor of uninsured plaintiff is affirmed where: 1) Howell v. Hamilton Meats & Provisions, Inc. (2011) does not cap a plaintiff's damages to the amount a medical finance company pays health care providers for their accounts receivable and medical liens, and the reasoning of Katiuzhinsky v. Perry (2007) remains sound; 2) Howell does not limit the trial court's discretion pursuant to Evidence Code section 352 to exclude evidence of the amount a medical finance company pays if the court decides, as it did here, that the evidence was minimally probative, if at all, and would necessitate an undue consumption of time to try collateral issues; 3) the terms of the agreement between a medical finance company and the plaintiff's providers may be relevant and discoverable, and therefore the sanctions imposed on the defendant must be reversed; and 4) the trial court properly entered a directed verdict on causation. The sanctions order is reversed.

Appellate Information

  • Decided
  • Published 2016/10/21


  • RAYE


  • California Court of Appeal


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