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SLACK v. KELLEHER

No. 29583.

104 P.3d 958 (2004)

140 Idaho 916

Ruth N. SLACK, Plaintiff-Respondent, v. Louis M. KELLEHER, Defendant-Appellant.

Supreme Court of Idaho, Boise, September 2004 Term.

Rehearing Denied January 25, 2005.

Attorney(s) appearing for the Case

Saetrum Law Offices, Boise, for appellant. Rodney R. Saetrum argued.

Hepworth, Lezamiz & Janis Chtd., Boise, for respondent. John W. Kluksdal argued.

EISMANN, Justice.

This is an appeal from a jury verdict awarding damages arising out of a traffic accident. We affirm the judgment except for the district court's denial of the defendant's motion to treat as a collateral source the mandatory reductions in the charges for the plaintiff's medical care due to Medicare "write-downs." Because such write-downs are to be treated as a collateral source, we remand to the district court to reduce the amount of the judgment...

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