MONTGOMERY WARD & CO., INC. V. ANDERSON
976 S.W.2d 382 (1998)
NATURE OF THE CASE: Montgomery (D) retailer challenged a judgment, which had denied its
motion in limine, stating that the collateral-source rule prohibited evidence of the
discount of Anderson's (P) medical bill by a treating medical facility.
FACTS: Shirley Anderson (P) was badly injured in a fall while shopping in D's store in
Little Rock. D personnel sent her to the hospital at the University of Arkansas for Medical
Sciences to be treated. P had medical-services totaling $24,512.45. D moved in limine to
prohibit P from presenting the total amount billed by UAMS as proof of her medical expenses
and asked that her evidence be limited to the actual amount for which she would be
responsible to pay. P stated that, through her attorney, she had reached an agreement with
UAMS that UAMS would discount the bill by fifty per cent. P asserted that the
collateral-source rule would prohibit D from introducing evidence of the discount. The Trial
Court denied the motion in limine, ruling that the negotiated discount with UAMS was a
collateral source, and allowed evidence of the entire amount billed by UAMS. D urges that
the ruling and the denial of the motion for new trial made on the same basis were erroneous.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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