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WILLS v. FOSTER

No. 104538.

892 N.E.2d 1018 (2008)

229 Ill.2d 393

Sheila M. WILLS, Appellant, v. Inman E. FOSTER, Jr., Appellee.

Supreme Court of Illinois.

June 19, 2008.

Attorney(s) appearing for the Case

Todd A. Strong, Peoria, Alexandra de Saint Phalle, of Londrigan, Potter & Randle P.C., Springfield, for appellant.

Kirk W. Laudeman, Christian D. Biswell, of Drake, Narup & Mead, P.C., Springfield, for appellee.

M. Tod Melton, of Ludens Potter Burch Melton & Calvo, Morrison, for amicus curiae Illinois Trial Lawyers Association.

Michael B. Metnick, of Metnick, Cherry, Frazier, Sabin & Perrin, L.L.P., Springfield, Bruce Vignery, Stacy Canan and Mike Schuster, Washington, D.C., for amicus curiae AARP.

David B. Mueller, Gay Nell G. German, of Cassidy & Mueller, Peoria, for amicus curiae Illinois Association of Defense Trial Counsel.

OPINION

Chief Justice THOMAS delivered the judgment of the court, with opinion:

In this personal injury case, the jury's damages award included the full amount of plaintiff's billed medical expenses. At issue is whether the trial court erred in reducing the jury's award of medical expenses to the amount actually paid by Medicaid and Medicare in full settlement of the bills. In addressing this issue, we will answer questions about the operation of the collateral...

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