Montgomery Ward & Co. v. Anderson
Arkansas Supreme Court
976 S.W.2d 382 (1998)
Relevant factsFree
Shirley Anderson (plaintiff) was injured in a fall at a Montgomery Ward (defendant) store and received treatment at a hospital, later negotiating a 50 percent reduction in her medical bill directly with the hospital. When Anderson sued Montgomery Ward for negligence, Montgomery Ward moved to prevent her from introducing the pre-discount total of her medical bills — in effect, seeking to introduce evidence of the discount itself to reduce her damages. The trial court denied the motion, and Montgomery Ward appealed.
IssueFree
Whether a defendant may introduce evidence of gratuitous or discounted medical services received by the plaintiff when assessing the damages owed to the plaintiff.