Friday, Jan 13th, 2012
As part of Alabama’s tort reform, the Legislature enacted Code sec. 12-21-45 that allows juries to consider that plaintiff’s medical bills were paid by health insurance. The statute prevents windfall verdicts in which juries unknowingly compensate plaintiffs for expenses they did not pay. A trial judge struck the statute as invalid. Mark appealed the decision and obtained reversal and validation of the statute by the Alabama appellate courts. This appeal was styled Crocker v. Grammer and will have a positive affect on personal injury trials state-wide. Mark is a member of the firm’s Appellate Law and Insurance Coverage Practice Groups.