Kenney v. Liston
Supreme Court of Appeals of West Virginia
760 S.E.2d 434 (W.V. 2014)
Liston (plaintiff) was seriously injured when intoxicated driver Kenney (defendant) crashed into his car, incurring over $70,000 in medical bills; Kenney admitted liability, leaving only damages at issue. Kenney sought to limit Liston's recoverable medical damages to the amounts actually paid by Liston or his insurer, BCBS, arguing many bills had been discounted or written off under an agreement between the medical providers and BCBS. The trial court denied Kenney's motion in limine on this issue, applying the collateral-source rule, and the jury awarded Liston over $325,000, including over $74,000 for past medical expenses; Kenney appealed.
Whether, under the collateral-source rule, a plaintiff is entitled to recover damages for the full value of all reasonable and necessary medical services, regardless of whether the services were reduced, discounted, or gratuitously provided by another.