Vardersesyan v. Dependable Highway Express

Motion In Limine Re Medical Bill Reduction as Collateral Source

This is the per-trial Motion in Limine to prevent the defendant from introducing a proposed "reduction" of a large hospital bill on the grounds that such evidence violates the collateral source rule. The Court granted the motion and "reserved" the issue for post-trial---perhaps in the form of a Motion for a Reduction of the jury verdict. That "motion" was ultimately denied post-trial.

However, the issue is still in the forefront of California tort and insurance legal analysis. The issue was argued last month before the California Supreme Court in Howell v. Hamilton Meats. A decision is expected soon and could have wide-ranging impact on the potential value of most significant California personal injury cases. Among other things, the Court will examine whether the "Collateral Source Rule" is still viable and the law of California. Many other states will be waiting to see which direction California goes on this hotly contested issue.

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Published In: Civil Procedure Updates, Civil Remedies Updates, Insurance Updates, Personal Injury Updates, Consumer Protection Updates

Reference Info:Legal Memoranda: Pre-Trial Motions | State, 9th Circuit, California | United States