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KING v. WILLMETT

No. C059236.

187 Cal.App.4th 313 (2010)

113 Cal. Rptr. 3d 742

MICHAEL KING, Plaintiff and Appellant, v. CAROL WILLMETT, Defendant and Respondent.

Court of Appeals of California, Third District.

As modified August 24, 2010.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Walker, Hamilton & Koenig, Walter H. Walker III; Hinton, Alfert & Sumner, Scott H.Z. Sumner and Jeremy Lateiner for Plaintiff and Appellant.

Hinton, Alfert & Sumner, Scott H.Z. Sumner and Jeremy Lateiner for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Appellant.

Mayall, Hurley, Knutsen, Smith & Green, Mark E. Berry and Jesmin Alam for Defendant and Respondent.

OPINION

CANTIL-SAKAUYE, J.

In this case we primarily consider whether, in a negligence action against a nonpublic defendant, the reduction of a plaintiff's award of past medical expense damages to the dollar amount ultimately paid by the plaintiff's private health insurance to his health care providers is appropriate under the collateral source rule. In light of the public policy conclusions expressed by our state Supreme Court and the Legislature...

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