[DOWNLOAD] "Arthur v. Catour" by 2004 In the Appellate Court of Illinois Third District A.D. ~ Book PDF Kindle ePub Free
eBook details
- Title: Arthur v. Catour
- Author : 2004 In the Appellate Court of Illinois Third District A.D.
- Release Date : January 16, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
In this case we must determine whether an injured plaintiff may recover as damages the entire amount billed for medical services, or if she is limited to the discounted amount paid by her insurance carrier. We find that the rationale underlying the collateral source rule supports allowing recovery of the full amount billed. Facts Plaintiff Joyce Arthur alleged in her complaint that she fractured her leg after stepping in a hole on a farm owned by defendant Laurie Catour. Plaintiff was attending an auction at the farm which was conducted by Stenzel Brothers Auction Services, Inc. Plaintiff incurred $19,355.25 in medical bills for treatment of her injuries. Plaintiff had group medical insurance with Blue Cross/Blue Shield through her husband's employer. Because of the insurer's contractual agreements with the healthcare provider, only $13,577.97 was required to pay off the medical bills. Defendants thereafter filed a motion for partial summary judgment seeking to limit plaintiff's claim for medical expenses to the amount paid rather than the amount billed. The trial court granted defendant's motion, finding that allowing plaintiff to recover the larger amount ""would only serve to punish the defendants *** and provide a windfall for the plaintiff."" We allowed plaintiff's application for leave to appeal pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308) and we now reverse and remand.