Neal & Harwell Lawyers Win Damages Ruling, Limiting Medical Expenses to Amounts Actually Paid

The United States District Court for the Western District of Tennessee granted partial summary judgment to tire manufacturer Hankook on several important damages questions.  Among them, the Court ruled the plaintiff could recover as damages only amounts actually paid for medical treatment of his injuries.  He could not recover the higher amounts billed by his medical providers for this care.  In so doing, the Western District of Tennessee ruled for the defense on a question left open in Tennessee following the Tennessee Supreme Court’s decision in West v Shelby County Healthcare Corp., and a more recent Tennessee Court of Appeals decision in Dedmon v. Steelman.  The Western District also ruled for the defense on an open question of Tennessee law concerning life expectancy, holding that life care plan damages must be calculated using an injured plaintiff’s post-injury life expectancy.

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