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MITCHELL v. HAYES

No. 1:98CV00180.

72 F.Supp.2d 635 (1999)

Albert MITCHELL, Plaintiff, v. Robert HAYES, D.O., Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

November 1, 1999.

Attorney(s) appearing for the Case

Michael A. Kernbach, Koonz, McKenney, Johnson, DePaolis & Lightfoot, Falls Church, VA, Karel Brown Ryan, Ryan Law Firm, P.C., Tazewell, VA, Steven K. Jambois, Kralovec, Jambois & Schwartz, Chicago, IL, for Plaintiff.

Peter Duane Vieth, Wooten & Hart, P.C., Roanoke, VA, for Defendant.

OPINION AND ORDER

JONES, District Judge.

The question in this personal injury action arising under Virginia law is whether the plaintiff is entitled to introduce evidence of portions of medical bills that have been "written off" by virtue of provider agreements with the plaintiff's health care plan. I hold that the collateral source rule does not require the admission of such amounts, and grant the defendant's motion in limine to exclude them.

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