Post Howell
As previously noted, the CA Supreme Court in Howell ruled that only the amount of the actual bills paid, not billed (or their reasonable value), was the measure of medical damages allowed a plaintiff in a negligence civil case. If a plaintiff had a $100,000 hospital bill, but his Blue Cross plan contractually only paid $20,000 of that bill, the plaintiff’s trial…
Howell Medical Damages
The CA Supreme Court dealt a blow to victims of negligence claims in its Howell v. Hamilton Meats case last week, ruling that the measure of economic losses for medical bills is the amount ACTUALLY PAID by the victim and/or his medical insurer for treatment of injuries caused by the responsible party, not the amount…
Loss of Consortium
Loss of Consortium refers to the noneconomic aspect of the marriage relation, including conjugal society, comfort, affection, and companionship. When one spouse suffers a serious injury, the other spouse is entitled to compensation for this detriment to the marriage relationship. A recent case, Mealy v. B-Mobile, Inc, reaffirms that the loss does not have to be…
$100,000 Recovery for DUI
Firm recovered a settlement for the driver of a car hit head-on by another driver at an intersection in San Clemente. Client had been drinking the night before and had a .08 ba at the hospital, where she was treated for a fractured rib and upper body contusions. She was in hospital for 2 days and…
Reservation of Rights
The appellate court in Santa Ana has held that an insurer that issues a timely and clear reservation of rights to its insured may thereafter settle the claim against the insured and sue the insured over the coverage issue and the amount of the settlement. Such a result requires that the insurer notify the insured…
Uninsured Motorist Prop 213
Prop 213 (CC 3333.4) precludes uninsured drivers (and drunk drivers) from recovering pain and suffering damages ( “non-economic” damages) if involved in an accident caused by another’s fault under most circumstances. This holds true even if the accident did not involve a collision. A lady sitting in her car and burned by coffee at a…
Herpes Transmission
A recent CA appellate court upheld a multi-million dollar verdict against a defendant who knew he had genital herpes and failed to tell his partner about his disease. The defendant had sex with his partner on a couple of occasions before telling her he had the herpes virus, which he said was not contagious during…
Airline injuries
An airline’s liability to passengers for injuries is governed by the type of flight – national or international. In the absence of a specific statute, “common carriers” such as airlines have the duty to use the utmost care and highest degree of diligence in handling passengers.However, if an airline decides a passenger is unruly, and…
Insurer Misprepresents Limits
$28,500,000 VERDICT INCLUDING AWARD OF $18,500,000 IN PUNITIVE DAMAGES – INSURANCE FRAUD – INSURER FRAUDULENTLY MISREPRESENTED LIABILITY LIMITS IN PERSONAL INJURY ACTION. County Scott County, Kentucky On November 3, 1998 the plaintiff was driving his vehicle when he was struck head-on by a truck driven by Eugene Clark, an employee of Dasher Express, who had…
Teen Alcohol Liability
Until yesterday, social hosts were immune under CA “dramshop” laws from liability for furnishing alcohol to others. The Governor yestedray signed AB 2486 into law, holding parents or social hosts who furnish alcohol to minors civilly liable for damages caused by the minor’s conduct after intoxication. “Shelby’s law” gained support tragically after a 17 year-old young…