and submitted March 8, 2018.
Washington County Circuit Court C154139CV; Andrew Erwin,
Oswald argued the cause for appellant. Also on the briefs was
Oswald & Mitchell.
C. McKean argued the cause for respondent. Also on the brief
was McKean Smith LLC.
Armstrong, Presiding Judge, and Tookey, Judge, and Shorr,
Summary: Defendant appeals from a general judgment awarding
plaintiff economic and noneconomic damages. Defendant assigns
error to the trial court's denial of his motion to strike
plaintiff's claim for damages for medical expenses,
contending that the trial court should have granted his
motion because plaintiff failed to present evidence that
plaintiff's medical expenses were reasonable.
The trial court erred when it denied defendant's motion
to strike plaintiff's claim for damages for medical
expenses because plaintiff failed to present evidence that
the amounts charged for medical services were reasonable.
and remanded. [296 Or.App. 660]
sustained injuries during an altercation with defendant. In
this personal injury action, he seeks recovery from defendant
for, among other harm, his medical expenses. After the close
of plaintiffs case, defendant moved to strike plaintiff's
claim for damages for medical expenses, contending that those
expenses could not be recovered because plaintiff had failed
to produce any evidence that the amount that plaintiff was
charged for the medical treatment that plaintiff had received
was reasonable. The trial court denied defendant's motion
to strike. The jury found in favor of plaintiff, awarding
plaintiff economic and noneconomic damages. Defendant appeals
from a general judgment, assigning error to, among other
rulings, the trial court's denial of his motion to
strike. For the reasons that follow, we reverse and
material facts are not in dispute. Plaintiff and defendant
were in an altercation during which plaintiff was cut by a
knife wielded by defendant. Plaintiff sought and received
medical treatment for his injuries. The medical treatment
included three separate visits to the Tuality Community
Hospital emergency room.
sued defendant for battery and assault, seeking, among other
types of damages, economic damages for his medical expenses.
During the resulting trial, plaintiff presented evidence of
the amount that he was charged by Tuality Community Hospital
for the medical treatment that he had received, submitting
into evidence copies of the bills that he had received from
Tuality Community Hospital. Additionally, plaintiff presented
testimony from an expert witness, Dr. Paul Puziss, who
testified that the treatment plaintiff received was
"Q: And the treatment that you understand he had
received at that point, do you believe that that was