215 Cal.App.4th 1308
Cal. Ct. App.2013Background
- Corenbaum and Carter were passengers in a Long Beach taxi struck by Lampkin’s Lexus; Lampkin fled the scene and was later convicted of a felony (fleeing the scene) and a related misdemeanor.
- Plaintiffs sued Lampkin for negligence with punitive damages sought; cases were consolidated for trial.
- At trial, full medical bill amounts were admitted as past damages, despite prior agreements that providers accepted less as full payment.
- Howell v. Hamilton Meats held damages for past medical expenses are limited to amounts paid or incurred, not the full billed amounts; collateral source rule applies separately.
- Postjudgment, Lampkin sought reduction of damages; court held the reduced compensatory damages should be determined in a new trial due to error in admitting full-bill evidence.
- Court addressed Fee-shifting under §1021.4, concluding the action did not qualify for attorney’s fees under that statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of full medical bills for past expenses | Corenbaum argued full bills are admissible to prove value | Lampkin argued full bills are relevant | Full bills inadmissible for past damages; amounts paid or agreed to pay govern |
| Impact on future medical and noneconomic damages | Full bills may inform future value | Howell controls; not relevant | Full bills not admissible for future expenses or noneconomic damages |
| Admission of Lampkin’s 2007 DUI arrest | Evidence shows malice potential for punitive damages | Evidence is prejudicial and improper | Evidence admissible to prove malice; not reversible error |
| Punitive damages against Carter | Carter properly subjected to punitive damages after amendment | No punitive claim in initial complaint | Court did not err; punitive damages instructed due to amended pleading |
| Attorney fees under §1021.4 | Prevailing plaintiffs entitled to fees despite not charged as Felony-based | Not based on the felonious conduct underlying the criminal conviction | §1021.4 not authorize fees here; fee order affirmed |
Key Cases Cited
- Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541 (Cal. 2011) (limits past medical damages to paid/incurred and negates full-bill value; negotiated rate governs)
- Hanif v. San Francisco Unified School Dist., 200 Cal.App.3d 635 (Cal. App. Dist. 2) (origin of rule limiting past medical damages to amount paid or incurred)
- Nishihama v. City and County of San Francisco, 93 Cal.App.4th 298 (Cal. App. 1st Dist.) (early articulation of collateral-source interactions with medical damages)
- Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Elt Co., 69 Cal.2d 33 (Cal. 1968) (hearsay corroboration rules for incurred damages)
- Vaillette v. Fireman’s Fund Ins. Co., 18 Cal.App.4th 680 (Cal. App. 2d Dist.) (section 1021.4 as applied to felonies causing injury)
- Sommers v. Erb, 2 Cal.App.4th 1644 (Cal. App. 4th Dist.) (interpretation of §1021.4 and felonies causing injuries)