The Tyler Court of Appeals recently held that evidence of medical expenses billed by medical providers is legally insufficient evidence of the amount of expenses "actually paid or incurred." Plaintiff sued the defendant for injuries sustained in an auto accident. Prior to trial, the plaintiff filed a motion to exclude any evidence of reductions, insurance
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Reduce Damages Under CPRC 33.012 Before Applying Recovery Limitation in CPRC 41.0105
By Byron Henry on
Posted in Opinions & Judgments
In what appears to be a case of first impression, the Dallas Court of Appeals held that sections 33.012(a) and 41.0105 of the Civil Practice and Remedies Code should be harmonized by applying section 33.012(a)’s "damage" reduction before section 41.0105’s "recovery" limitation. In an opinion by Justice Moseley, the Court reasoned that because section 33.012(a) applies to the assessment of damages…