Total Amounts Of Medical Bills Not Relevant.

Two plaintiffs were passengers in a taxi cab when another vehicle collided with the cab and they were injured. The defendant, the driver of the other car, was convicted of fleeing the scene of an injury accident, and was sent to prison for three years. A jury found the passengers suffered $1.8 and $1.4 million in damages, awarded an additional $20,000 each in punitive damages, and awarded one of their spouses $75,000 for loss of consortium. On appeal, defendant contended there was error in admitting the full amounts billed to plaintiffs for their medical care rather than the amounts actually paid and accepted as full payment by their medical providers. The appellate court concluded there was error in admitting the full amount of the medical bills because the full amounts were not relevant. The plaintiffs also appealed the trial court’s denial of attorney fees sought under Code of Civil Procedure section 1021.4, which authorizes an attorney fee award to the prevailing party “in an action for damages against a defendant based upon the defendant’s commission of a felony offense for which that defendant has been convicted.” The appellate court affirmed the trial court’s denial of fees, stating: “We conclude the court properly held that this action is not based on the felony offense for which [the defendant] was convicted.” The case was remanded for a new trial limited to the issue of compensatory damages. Corenbaum v. Lampkin (Cal. App. Second Dist., Div. 3; April 30, 2013) (As Mod., May 13,2013) 215 Cal.App.4th 1308.