Traffic collision 464
April 5th, 2012 
admin Wrongful death is another area of San-Diego-Personal-Injury-attorney.com
Sanchez v Strickland 200 Cal.App.4th 758 (5) (2011) Hueso injured and Sanchez’s decedent killed in traffic collision. San-Diego-Auto-Accident-lawyer.com In posttrial order, trial court reduced Hueso’s medical-expense damages to that paid by Medicare or written off by hospital (Howell 52 C4th 541) and applied Hueso’s comparative fault. Hueso appealed eight months after verdict but within 60 days after order. Motion to dismiss appeal denied, Howell order modified. [1] Posttrial orders are appealable if either a separately appealable order or where “substantial modification” to the judgment. Whether matter considered a clerical error is irrelevant, rejecting Rutter, Civil Appeals ¶ 3:56. By reducing recovery by $73K and by using a different legal ground (comparative fault) in deciding reduction, are each “substantial modifications.” [2] Medical provider’s writeoff is subject to collateral source rule and is recoverable by a plaintiff. Rest. 2d Torts § 920A. San Diego personal injury attorney.