On October 26, 2016 a
Motion-Secondary
was filed
involving a dispute between
Underhill Marie,
and
Does 1 To 100,
Estate Of Testa,
for civil
in the District Court of Los Angeles County.
Preview
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Brown, Brown & Brown
David S. Brown; Bar No. 89438 FILED
Joan Benjamin Brown; Bar No. 93572 Superior Court of California
County of Los Angeles
Aaron M. Brown; Bar No. 277981
23326 Hawthorne Boulevard, Suite 380 MAY C8 2018
Torrance, CA 90505-3725
310-378-3733; fax 310-378-0703 Sherri R. Ca executive Officer/Clerk of Cou
mrtorts@aol.com ByX Deputy
Rav! Sanchez
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
10
Marie Underhill, Plaintiff, BC638507, Dept. 4, trial 5-15-18
11
Vv.
12
Estate of Testa (Deceased) and Does OPPOSITION TO MOTION IN
13 1 to 100, Defendants. LIMINE 2
14
15
16
Plaintiff opposes defendant's motion in limine 2 regarding recovery of medical
17
expenses. Defendant argues that plaintiff is entitled to recover no more than amount
18
paid. This is an incomplete statement of the law. At trial, plaintiff is entitled to recover
19
20 the past medical expenses paid and owing:
21 “We hold, therefore, that an injured plaintiff whose medical expenses are paid
22
through private insurance may recover as economic damages no more than the
2%
amounts paid by the plaintiff or his or her insurer for the medical services
received or still owing at the time of trial.”
26, Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.ath 541, 566
27
Plaintiff also opposes this motion because it is incomplete with regard to this
28
OPPOSITION TO MOTION IN LIMINE2
Document Filed Date
May 08, 2018
Case Filing Date
October 26, 2016
Status
Jury Verdict 05/25/2018
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" Brown, Brown & Brown David S. Brown; Bar No. 89438 FILED Joan Benjamin Brown; Bar No. 93572 Superior Court of California County of Los Angeles Aaron M. Brown; Bar No. 277981 23326 Hawthorne Boulevard, Suite 380 MAY C8 2018 Torrance, CA 90505-3725 310-378-3733; fax 310-378-0703 Sherri R. Ca executive Officer/Clerk of Cou mrtorts@aol.com ByX Deputy Rav! Sanchez Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES 10 Marie Underhill, Plaintiff, BC638507, Dept. 4, trial 5-15-18 11 Vv. 12 Estate of Testa (Deceased) and Does OPPOSITION TO MOTION IN 13 1 to 100, Defendants. LIMINE 2 14 15 16 Plaintiff opposes defendant's motion in limine 2 regarding recovery of medical 17 expenses. Defendant argues that plaintiff is entitled to recover no more than amount 18 paid. This is an incomplete statement of the law. At trial, plaintiff is entitled to recover 19 20 the past medical expenses paid and owing: 21 “We hold, therefore, that an injured plaintiff whose medical expenses are paid 22 through private insurance may recover as economic damages no more than the 2% amounts paid by the plaintiff or his or her insurer for the medical services received or still owing at the time of trial.” 26, Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.ath 541, 566 27 Plaintiff also opposes this motion because it is incomplete with regard to this 28 OPPOSITION TO MOTION IN LIMINE2