Her v. Gallegos
Defendant Patricia Irene Gallegos appeals from the judgment awarding plaintiff Fong Her $104,589.25 in special and general damages for personal injuries sustained in an automobile collision caused when Gallegos drove her vehicle through a red light and struck Hers vehicle.
Her was taken to the trauma unit at the University of California Davis (University) where he was examined and treated. The University submitted a bill of $15,705 for its medical services. Medi-Cal paid the University $418.97 as payment in full and the University wrote off the unpaid balance. On the question of special and general damages, Gallegos proffered evidence of the amount Medi-Cal paid to the University for the purpose of limiting Hers recovery for medical expenses and to rebut Hers evidence that the amount billed by the University was the reasonable value of its services. The trial court excluded the evidence finding it would be misleading as to the reasonable value of the medical expenses and in a post verdict hearing, reduced the amount of the special damages for medical expenses to those actually paid by Medi-Cal. On appeal, defendant contends the trial court erred by excluding this evidence on the question of general damages. Court find no error and affirm the judgment.
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