Luttrell

Luttrell v. Island Pacific Supermarkets, Inc.

Good Law
155 Cal. Rptr. 3d 273·2013 Cal. App. LEXIS 270·215 Cal. App. 4th 196·2013 WL 1400850
Court of Appeal of CaliforniaApril 8, 2013No. A134089California4,740 words

Opinion

Lead Opinion

Needham, J.

James Luttrell (Luttrell) appeals from an amended judgment entered after a jury verdict and posttrial rulings in his personal injury action. He contends (1) substantial evidence did not support the jury’s finding that he was 5 percent comparatively negligent in regard to a hip fracture he sustained at respondent’s premises; (2) substantial evidence did not support the court’s ruling that Luttrell’s recovery should be reduced by 50 percent, for failure to mitigate his damages, with respect to medical expenses attributable to a decubitus ulcer he developed after his hip fracture; (3) the court should have applied this 50 percent reduction to the amount of medical expenses billed for the ulcer, rather than the amount of medical expenses paid, notwithstanding the holding in Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 [ 129 Cal.Rptr.3d 325 , 257 P.3d 1130 ] (Howell)-, (4) even if Luttrell’s damages were properly reduced under Howell, the amount of a Medicare lien should have been added to the judgment; (5) the court erred in reducing the judgment by $10,000 for a payment Luttrell received under respondent’s no-fault medical expense insurance, or the…

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