Bryant v. Portell et al

Filing 72

ORDER denying 62 Motion for Discovery. Signed by Magistrate Judge Gilbert C. Sison on 11/18/2022. (klh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BRIAN BRYANT,

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Plaintiff,
vs.
STEVEN PORTELL
and
AMERICA’S PARKING
REMARKING, INC.,
Defendants.

Case No. 3:20-cv-01051-GCS

MEMORANDUM & ORDER

SISON, Magistrate Judge:
Now before the Court is Plaintiff’s motion to deem medical bills admitted (Doc.
62, 67). Plaintiff contends that the medical bills incurred to date are casually related to the
accident at issue, that Plaintiff’s medical examiner does not refute the reasonableness of
the cost of the cervical surgery and that the charges have been paid and therefore are
presumed reasonable. On August 23, 2022, the Court held argument on the motion, took
the motion under advisement and allowed Defendant to file a written response. (Doc. 65).
Defendant opposes the motion. (Doc. 66).
As the Court finds that the motion is not proper, the Court DENIES the motion.
Under Illinois law, “[i]n order to recover for medical expenses, the plaintiff must prove
that he or she has paid or become liable to pay a medical bill, that he or she necessarily
incurred the medical expenses because of injuries resulting from the defendant's
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negligence, and that the charges were reasonable for services of that nature.” Arthur v.
Catour, 833 N.E.2d 847, 853 (Ill. 2005). “When evidence is admitted, through testimony
or otherwise, that a medical bill was for treatment rendered and that the bill has been
paid, the bill is prima facie reasonable.” Id. “In a case in which the plaintiff seeks to admit
a bill that has not been paid in whole or in part, he or she must establish reasonableness
by other means––such as by introducing the testimony of someone having knowledge of
the services rendered and the reasonable and customary charge for such services.” Wills
v. Foster, 892 N.E.2d 1018, 1025 (Ill. 2008). Expert testimony is required to establish the
reasonableness of unpaid medical bills. See Battle v. O'Shaughnessy, No. 11 C 1138, 2012
WL 4754747, at *4 (N.D. Ill. Oct. 4, 2012).
Here, Plaintiff must lay the proper foundation as to the reasonableness of these
medical bills during trial as this is an issue for the jury to determine. If the medical bills
have been paid as the Plaintiff so contends, Plaintiff should present this evidence at the
jury trial in this matter. Plaintiff can do this through a number of means with the easiest
being his own testimony. Plaintiff could also present this evidence through the
submission of the medical bills themselves with the appropriate stipulation from the
opposing party. Finally, if there is no stipulation, the Plaintiff could simply present the
medical bills through the appropriate custodian of records, an expert, or any combination
thereof. Once that foundation is laid, then the prima facie reasonableness of such bills will
have been established. However, the reasonableness of such bills could still be countered
by the Defendant with appropriate evidence, which would typically be done through
expert testimony. If there are any unpaid medical bills, the Plaintiff will have to establish
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the reasonableness of such bills through expert testimony. Accordingly, the Court
DENIES Plaintiff’s motion to deem medical bills admitted. (Doc. 62).
IT IS SO ORDERED.
Digitally signed by
Judge Sison 2
Date: 2022.11.18
11:42:10 -06'00'

DATED: November 18, 2022.

______________________________
GILBERT C. SISON
United States Magistrate Judge

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