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Wednesday, October 01, 2008

Ind. Decisions - Court grants one transfer this week

The formal transfer list will not be out until next Monday, but the ILB has just received notice that the case of Brandon Stanley v. Danny Walker was granted transfer yesterday, Sept. 30th.

See the ILB summary from June 3rd (4th case), where Judge Darden stated the issue as:

Whether the trial court improperly relied on Indiana’s collateral source statute as the basis for excluding Stanley’s proffered evidence of write-offs to Walker’s medical bills, offered to rebut Walker’s medical records, which omitted written-off charges and indicated that Walker had incurred greater medical expenses than he actually had.
The conclusion:
Based upon the foregoing, we conclude that fundamental notions of tort law, surviving policy justifications of the common law collateral source rule, and concerns of equity warrant the finding that write-offs secured by insurance companies for the benefit of their insureds, constitute insurance benefits for which the plaintiff or the plaintiff’s family has paid directly, and therefore, must be excluded from consideration when calculating the extent of the injured party’s pecuniary loss. Affirmed.

Posted by Marcia Oddi on October 1, 2008 02:18 PM
Posted to Indiana Transfer Lists