Legal Opinion
Howell v. HAMILTON MEATS & PROVISIONS, INC.
California Supreme Court
Decided August 18, 2011No. S179115PublishedCited by 86 opinions
1Opinion of the Court
Opinion
WERDEGAR, J.
When a tortiously injured person receives medical care for his or her injuries, the provider of that care often accepts as full payment, pursuant to a preexisting contract with the injured person’s health insurer, an amount less than that stated in the provider’s bill. In that circumstance, may the injured person recover from the tortfeasor, as economic damages for past medical expenses, the undiscounted sum stated in the provider’s bill but never paid by or on behalf of the injured person? We hold no such recovery is allowed, for the simple reason that the injured…
2Cases cited19 opinions
- Helfend v. Southern California Rapid Transit DistrictCalifornia Supreme Court · 1970
- Robinson v. BatesOhio Supreme Court · 2006
- Moorhead v. Crozer Chester Medical CenterSupreme Court of Pennsylvania · 2001
- Olszewski v. Scripps HealthCalifornia Supreme Court · 2003
- Hrnjak v. Graymar, Inc.California Supreme Court · 1971
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3Cited by86 opinions
- LEE v. BUENOSupreme Court of Oklahoma · 2016
- Corenbaum v. LampkinCalifornia Court of Appeal · 2013
- Children's Hospital Central California v. Blue Cross of CaliforniaCalifornia Court of Appeal · 2014
- Diane West v. Shelby County Healthcare Corporation d/b/a Reginal Medical Center at MemphisTennessee Supreme Court · 2014
- Mize-Kurzman v. Marin Community College DistrictCalifornia Court of Appeal · 2012
81 more not listed; retrieve them via the Exa API.