Lopez v. Safeway Stores, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• authorizing recovery of “the full amount of reasonable medical expenses charged, based on the reasonable value of medical services rendered, including amounts written off from the bills pursuant to contractual rate reductions”
• write-off under private insurance policy falls within collateral source rule and does not reduce defendant’s liability for damages
• “A majority of courts have concluded ... that plaintiffs are entitled to claim and recover the full amount of reasonable medical expenses charged, based on the reasonable value of medical services rendered, including amounts written off from the bills pursuant to contractual rate reductions.”
• ‘ ‘ ‘Because the law must sanction one windfall and deny the other, it favors the victim of the wrong rather than the wrongdoer.’ ” (quoting Acuar v. Letourneau, 531 S.E.2d 316, 323 (Va. 2000)); see also Restatement (Second) of Torts § 920A cmt. b (1979
• “[T]wo guiding principles of tort law [are] (1) the limitation of compensation to the injured party to the amount necessary to make him whole and (2) the avoidance of a windfall to the tortfeasor if a choice must be made between him and the injured party.”

Source: CourtListener parenthetical corpus (CC0).