In 2005, the driver of a Hamilton Meats and Provisions truck made an improper U-turn in Encidas, California and struck Plaintiff Howell.
At trial, the jury awarded her the full amount of her medical bills ($190,000.00). However, the Trial Judge reduced the amount to $60,000.00, the amount her medical insurance actually paid for medical treatment.
Howell maintains that she is entitled to the full amount of her medical bills not the amount the health insurance paid the providers. Defendant’s attorney argued that Howell should not benefit from “the windfall” of larger medical expense and what was actually incurred. A decision in the matter, Howell v. Hamilton Meats, S179115, is expected to come down within ninety (90) days.
In Arizona, a legal doctrine known as collateral source upheld in the matter of Lopez v. Safeway, provides that Plaintiffs can claim the full amount of their medical bills regardless of what health insurance may pay.