August 13, 2021

Qaadir v. Figueroa (August 11, 2021, No. B306011)

The plaintiff in a personal injury action, at the referral of his attorney, sought medical treatment from various medical professionals on a lien basis, instead of using his medical insurance. The trial court admitted evidence of the billed amounts, even though they far exceeded the amounts ordinarily paid and accepted in the marketplace as payment in full for the same services.

The Court of Appeal affirmed the judgment in favor of the plaintiff holding that the unpaid medical bills were admissible pursuant to Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266. In doing so, the court declined to follow Ochoa v. Dorado (2014) 228 Cal.App.4th 120, which held that under Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, unpaid medical bills were inadmissible, thus deepening the existing split of authority on this issue. The court also held that the trial court did not abuse its discretion in refusing to permit the defense to argue mitigation of damages under Pebley.

Although not finding error on the other medical damages issues, the court held that the trial court abused its discretion in refusing to allow evidence that the plaintiff’s attorney referred him to the lien-physicians. The court held that the ruling was not prejudicial in light of other evidence admitted on this issue.

Note: Horvitz & Levy submitted an amicus curiae brief to the Court of Appeal on behalf of the Association of Southern California Defense Counsel.