Lucas v. American Family Mutual Insurance

Filing 36

MEMORANDUM DECISION AND ORDER denying 27 Motion in Limine to Limit Plaintiff to Reasonable Medical Expenses in Utah. Signed by Judge David Nuffer on 11/7/17 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
RACHEL LUCAS,
Plaintiff,
v.
AMERICAN FAMILY MUTUAL
INSURANCE COMPANY,
Defendant.

MEMORANDUM DECISION AND
ORDER DENYING DEFENDANT’S [27]
MOTION IN LIMINE TO LIMIT
PLAINTIFF TO REASONABLE MEDICAL
EXPENSES IN UTAH
Case No. 2:15-cv-00666-DN
District Judge David Nuffer

Defendant American Family Mutual Insurance Company moves 1 for an order that would
limit Plaintiff Rachel Lucas to presenting reasonable costs of medical care and future medical
care only to those costs that would be incurred in Utah and not in a different community or
state. 2 According to the Defendant, “[u]nder Utah law, the reasonable value of expenses should
be the reasonable value of expenses in Utah, not the . . . cost of medical care in Las Vegas.” 3
However, Defendant cites no authority for this position.
In Utah, after a plaintiff has shown evidence of damages, the plaintiff must then “provide
evidence of reasonableness and necessity” to establish “the reliability of medical expenses.” 4 The
evidence must “show that the medical expenses accurately reflect the necessary treatment that
resulted from the injuries and that the charges are reasonable.” 5 “This requirement adds yet

1

Motion in Limine to Limit Plaintiff to Reasonable Medical Expenses in Utah (“Motion”), docket no. 27, filed
October 27, 2017.
2

Motion at 3.

3

Id.

4

Gorostieta v. Parkinson, 17 P.3d 1110, 1117 (Utah 2000).

5

Id.

another check to ensure that only meritorious claims are compensated and also demonstrates that
this measure of damages is entirely consistent with basic tort principles.” 6
Under Utah law, the reasonableness of medical expenses, past or future, does not depend
on the locality where the medical treatment is provided. Under Gorostieta, Plaintiff bears the
burden of showing that past and future medical expenses are attributable to necessary medical
care rendered at a reasonable cost. Defendant may appropriately exercise the check recognized in
Hansen by cross examining the witness or witnesses who will speak to the costs of Plaintiff’s
future medical expenses. The requested limitation will not be imposed.
Defendant’s motion 7 is therefore DENIED.
Signed November 7, 2017.
BY THE COURT

________________________________________
David Nuffer
United States District Judge

6

Hansen v. Mountain Fuel Supply Co., 858 P.2d 970, 981 (Utah 1993).

7

Motion in Limine to Limit Plaintiff to Reasonable Medical Expenses in Utah, docket no. 27, filed October 27,
2017.

2