From our private database of 30,500+ case briefs...
Kenney v. Liston
West Virginia Supreme Court of Appeals
760 S.E.2d 434 (2014)
Samuel Liston (plaintiff) was seriously injured when a vehicle driven by an intoxicated John Kenney (defendant) slammed into Liston’s car. As a result of his injuries, Liston incurred medical bills in excess of $70,000. Subsequently, Kenney admitted liability. Thus, the only issue to be determined at trial was the measure of damages. Kenney’s counsel filed a pre-trial motion in limine, claiming that only a portion of Liston’s bills had been paid by Liston as a co-payment or deductible or by Liston’s health-insurance carrier, Blue Cross/Blue Shield (BCBS). Additionally, Kenney argued that under an agreement between Liston’s hospital and its physicians and BCBS, many of Liston’s medical bills had been discounted or reduced, and the remaining unpaid balances had been written off by the medical providers. Kenney claimed that Liston’s damages should be limited to the amounts actually paid by Liston or BCBS. The trial court denied Kenney’s motion, reasoning that under the collateral-source rule, Liston was entitled to recover damages for the value of any reasonable and necessary medical services he received, regardless of whether the services were subsequently discounted, were reduced, or were rendered gratuitously by another. After a trial, the jury held for Liston and awarded him over $325,000 in compensatory damages, which included over $74,000 for past medical expenses. Kenney appealed.
Rule of Law
Holding and Reasoning (Ketchum, J.)
Dissent (Loughry, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 551,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,500 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.