Kentucky Law Review

Injury victims limited to damages compensated by insurer, California Supreme Court rules.

Injury victims limited to damages compensated by insurer, California Supreme Court rules. The Sacramento Business Journal (8/19, Subscription Publication) reported in its "Morning Roundup" blog that "the California Supreme Court ruled Thursday that accident victims shouldn't receive more in damages for medical bills than the amount paid to the provider." Plaintiffs' attorneys balked at the ruling, and argued "it equates 'reasonable value' with negotiated rates paid by insurance companies rather than the full cost of care. It's being heralded by insurers and business leaders, who predicted premium hikes to offset skyrocketing costs."

NPO: Hicks v. Archie - Punitive Damage vs. Compensatories vs. Reprehensibility of conduct examined

Here is an interesting non-published decision out of the Kentucky Court of Appeals regarding the relationship of punitive damages to compensatory damages and the reprehensibility of the conduct:

HICKS V. ARCHIE
Punitive damages more about reprehensibility than just ratio to compensatories
RENDERED: APRIL 18, 2008; 10:00 A
NOT PUBLISHED: DATE RENDERED: 4/18/2008

MEDICAL: More females injure ACL

With de facto tort reform being evidenced in jury verdicts that award nothing for pain, suffering, anguish and inconvenience in cases of broken bones, back surgery, and near medieval torture from months of time-consuming and arduous physical therapy, all of which are accompanied by prescription pain medications, with a further discount by at least one Court of Appeals decision sluffing off the zero verdict because the claimant had a "high pain threshhold", I thought the following story on a knee injury might enlighten some that injuries do hurt and have consequences as lives are affected, schooling activities adjusted, and hopes diminished:

More females injure ACL COURIER JOURNAL

Maddie Tonini, a senior at Manual High School, started playing soccer competitively when she was 8. "It's always been my sport," she said. But in the fall of 2005, she was felled by an injury to the anterior cruciate ligament of her right knee. There were three loud pops she'll never forget. But she's not suffering alone. "Female ACL injuries are five times greater in soccer and eight times greater in basketball," according to Dr. David N. Caborn, a professor of orthopedic surgery at U of L.

Damages: Taxability of Damage Awards [from Day on Torts]

John Day at Day on Torts has a useful post on a recent decision regarding

Taxability of Damage Awards

The D.C. Circuit Court of Appeals has released an en banc opinion in Murphy v. Internal Revenue Service, No. 05-5139 (July 3, 2007).  The summary of the opinion as prepared by the Court:  "Marrita Murphy brought this suit to recover income taxes she paid on the compensatory damages for emotional distress and loss of reputation * * * *

Punitive Damages and Phillip Morris

A Middle Ground on Punitives from the Torts Prof Blog

That's the suggestion of Keith Hylton (BU) in this SSRN entry. The abstract:This essay is a series of reflections on the implications of Philip Morris for the tort reform movement. I make an effort below to find a middle ground.

Background links:

• Court limits punitive damages
• Phillip Morris v. Williams decision