Judge Declares Medical Bills Statute Unconstitutional
August 27, 2009
The medical bills statute of the 2005 tort reform law is unconstitutional, a St. Louis County judge said this morning as he granted a plaintiff’s motion for a new trial.
Judge Stephen Goldman called the procedure for determining the reasonable value of medical care vague and a violation of the due process clauses of the state and federal constitutions. Goldman’s judgment came in a vehicular personal injury lawsuit between plaintiffs Ronald and Daphyn Vickery and defendant Herbert Glosemeyer. Daphyn Vickery was dismissed from the case without prejudice in April.
Spencer Farris, who represents Ronald Vickery, alleged reasonable damages of $86,027.93, but, before trial, Goldman decided $51,544.90 was the reasonable amount of medical services received. In June, a jury returned a verdict in favor of Vickery but awarded him $25,772.45 plus costs.
The medical bills statute, Section 490.715.5, states that evidence of the amount of the paid medical bills creates a rebuttable presumption of reasonableness. Farris argued in his motion for new trial that testimony by Vickery’s treating neurosurgeon rebutted the presumption that the amount paid, $51,544.90, was the reasonable value of medical care.
The case is Vickery v. Glosemeyer, 08SL-CC00824.
Posted in Missouri Lawyers Media
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Black and Decker Trimmers Cut More than Grass
August 6, 2009
The U.S. Consumer Product Safety Commission, in cooperation with Black and Decker announced a voluntary recall of Black & Decker GH1000 Grasshog XP String Trimmer/Edgers. Consumers should stop using recalled products immediately unless otherwise instructed. The trimmer/edger’s spool, spool cap and pieces of trimmer string can come loose during use and become airborne projectiles, posing a serious laceration hazard to the user, as well as bystanders. The trimmer/edgers can also overheat, posing a burn hazard to consumers.The trimmers, manufactured in China, were sold at major home center and hardware stores nationwide from November 2005 through January 2007 for about $70. Approximately 200,000 of the trimmers were sold.
The Black & Decker GH1000 Grasshog XP String Trimmers/Edgers are electric-powered. Trimmer/edgers with date codes 200546 through 200645 (representing manufacture dates of November 14, 2005 through November 6, 2006) are included in this recall. The date code is located on the underside of the trimmer/edger’s handle. Only trimmers with black spool caps are included in the recall. Those with orange spool caps are not included in the recall.
If you or a loved one has had problems these Black and Decker products, contact The S.E. Farris Law Firm for a Free consultation. You may reach us at 314-A-LAWYER or by clicking here.