Martinez v. Delgado-Galban

A plaintiff in a personal injuries case can recover reasonable medical expenses but there must be some evidence that the charges are reasonable. Tuohy v. Columbia Steel Co., 61 Or 527, 532, 122 P 36 (1912).

Defendant appealed from a general judgement and assigned error to the trial court’s denial of his motion to strike the plaintiff’s claim for damages for medical expenses. On appeal, Defendant argued that Plaintiff had failed to produce any evidence, beyond medical bills, that the medical expenses incurred were reasonable. In response, Plaintiff argued that the expert witness’s testimony that Defendant’s medical treatment was reasonable was sufficient “additional evidence.” A plaintiff in a personal injuries case can recover reasonable medical expenses but there must be some evidence that the charges are reasonable. Tuohy v. Columbia Steel Co., 61 Or 527, 532, 122 P 36 (1912). The Court found that the expert testimony evidenced that the plaintiff’s medical treatment was reasonable, but not his medical expenses. Thus, the Court held that the trial court erred in denying Defendant’s motion to strike Plaintiff’s claims for economic damages related to Plaintiff’s medical expenses. Reversed and remanded.