Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541, [257 P.3d 1130; 129 Cal.Rptr.3d 325], held an injured person’s recovery of past medical expenses as economic damages was limited to the discounted amount that the medical providers accepted as payment in full from the injured person’s private health insurance carrier. This appellate panel concluded […]
Sometimes Okay To Allege Punitive Damages Against Kaiser.
A Kaiser Foundation Hospital refused to perform an MRI despite the recommendation of the patient’s chiropractor, two acupuncturists and Kaiser’s own physical therapy department. After denying approval for the procedure for three months, it was finally performed and revealed “one of the fastest growing types of osteosarcoma.” Surgery resulted in loss of the patient’s right […]
Emotional Distress Damages For Pet Owner Upheld.
Neighbors had a long-standing dispute. At one point, the neighbor who owned a 12-15 pound dog named Romeo heard Romeo bark, then squeal, opened the gate to his yard and saw defendant holding a baseball bat. He called out, “Why did you hit my dog?” Defendant responded: “You need to be more courteous and get […]
Cut Down A Tree And It Won’t Be Free.
An old Aleppo pine tree, originally on one side of a property line, straddled the line as it grew to be 70 feet high. Workers were hired to cut down the tree top on one of the properties because the owners were concerned it might topple and cause damage. Instead of cutting down just one […]
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