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ARTHUR v. CATOUR

No. 3-02-0810.

803 N.E.2d 647 (2004)

345 Ill. App.3d 804

281 Ill.Dec. 243

Joyce ARTHUR, Plaintiff-Appellant, v. Laurie CATOUR and Stenzel Brothers Auction Service, Inc., a corporation, Defendants-Appellees. Stenzel Brothers Auction Service, Inc., a corporation, Cross-Plaintiff, v. Laurie Catour, Cross-Defendant. Laurie Catour, Cross-Plaintiff, v. Stenzel Brothers Auction Service, Inc., a corporation, Cross-Defendant.

Appellate Court of Illinois, Third District.

January 16, 2004.

Attorney(s) appearing for the Case

LeRoy A. Compton (argued), Goldfine & Bowles, P.C., Peoria, for Joyce Arthur.

Jeffrey D. Martens (argued), Bozeman, Neighbour, Patton & Noe, Moline, for Stenzel Brothers Auction Service, Inc.

Michael T. Reagan (argued), Herbolsheimer, Lannon, Henson,Duncan & Reagan, PC; Ottawa, Craig Levien, Davenport, IA, for Laurie Catour.

Peter A. Monahan, Anne M. Oldenburg, Michael C. Holy, Alholm, Monahan, Keefe & Klauke, Chicago, Amicus Curiae.

Justice SLATER delivered the opinion of the court:

In this case we must determine whether an injured plaintiff may recover as damages the entire amount billed for medical services, or if she is limited to the discounted amount paid by her insurance carrier. We find that the rationale underlying the collateral, source rule supports allowing recovery of the full amount billed.

Facts

Plaintiff Joyce Arthur alleged in her complaint that she fractured...

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