May 18, 2010

TO ALL INTERESTED COMPANIES

On April 30, 2010, the Missouri Court of Appeals, Southern District, issued its opinion in Hall v. Wal-Mart Stores East, LP, and the opinion may be of interest to you.

Ms. Hall claimed damages from Wal-Mart as a result of a slip and fall in a Wal-Mart store. She claimed medical expenses of approximately $12,500.00. Approximately $5,000.00 was written off because of Medicare payments and the requirement that the health care provider write off amounts in excess of what is allowed under Medicare standards. The medical expenses actually paid were about $7,500.00 of the $12,500.00 claimed.

The trial court held that plaintiff could only submit the amount actually paid (approximately $7,500.00) as special items of expense at trial. On appeal, plaintiff claimed that because the plaintiff had affidavits that the amounts originally billed were reasonable, the Court was required to submit those amounts. The Court of Appeals disagreed and held that the trial court could make the determination based on the amounts actually paid and refuse to submit the remainder to the jury.

As has been our practice in the past, I have not enclosed a copy of the opinion with this letter. If you would like to have a copy of the opinion, you can access here.

                                                                       
MANZ SWANSON & MULHERN, P.C.
Paul Hasty, Jr.
7101 College Blvd., Suite 350
Overland Park, KS  66210
Telephone: (913) 317-8068
phasty@msmlawkc.com