LEITINGER v. VAN BUREN MANAGEMENT, INC.

No. 2005AP2030.

720 N.W.2d 152 (2006)

2006 WI App 146

Joseph LEITINGER, Bonnie Leitinger and Services Unlimited, Plaintiffs-Appellants, v. VAN BUREN MANAGEMENT, INC., and American Economy Insurance Company, Defendants, DBart, Inc., d/b/a Barthenheier Construction, Inc., and Heritage Mutual Insurance Company, n/k/a Acuity, a mutual insurance company, Defendants-Respondents, Compcare Health Services Insurance Corp., Defendant.

Court of Appeals of Wisconsin.

Opinion Filed June 27, 2006.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Timothy J. Aiken and James C. Gallanis of Aiken & Scoptur, S.C.

On behalf of the defendants-respondents, the cause was submitted on the brief of Arthur P. Simpson and Christine M. Rice of Simpson & Deardorff, S.C.

Before WEDEMEYER, P.J, CURLEY and Kessler, JJ.


¶ 1 KESSLER, J.

This case involves the application of the collateral source rule to a personal injury claim. Based on the parties' stipulation to various facts, this case presents a single legal issue: whether defendants in a personal injury case are permitted to introduce evidence of the amount of medical expenses actually paid, as opposed to the amount of expenses billed, in order to show that the billed expenses...

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