California Court Of Appeal Opinion Re: Howell Issues With An Uninsured Plaintiff

The California Court of Appeal, Fourth Appellate District, Division Three (Orange County) issued an opinion in Bermudez v. Ciolex (2015) 237 Cal.App.4th 1311, analyzing Howell issues in a case involving an uninsured plaintiff. (Id. at p. 1316.) The court analyzed three questions: "(1) what is the proper measure of medical damages; (2) what evidence is admissible to prove the proper measure of medical damages; and (3) what evidence is sufficient to affirm an award of medical damages based on the proper measure?" (Id. at p. 1328, italics in original.)

The court first held that "the measure of medical damages is the lesser of (1) the amount paid or incurred, and (2) the reasonable value of the medical services provided. In practical terms, the measure of damages in insured plaintiff cases...