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HALL v. WAL-MART STORES EAST, LP

No. SD 29938.

316 S.W.3d 428 (2010)

Shirley HALL, Appellant, v. WAL-MART STORES EAST, LP, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer to Supreme Court Denied May 21, 2010.

Application for Transfer Denied June 29, 2010.

Attorney(s) appearing for the Case

Phillip J. Barkett, Jr., Cook, Barkett, Maguire & Ponder, L.C., Cape Girardeau, for Appellant.

Patrick R. Douglas, Blanton, Rice, Nickell, Cozean & Collins, LLC, for Respondent.

DANIEL E. SCOTT, Chief Judge.

Shirley Hall won a slip-and-fall jury verdict against Wal-Mart, but challenges the pretrial determination of her medical expenses under § 490.715.5(2),1 a statute that

creates a "rebuttable presumption" that "the dollar amount necessary to satisfy the financial obligation to the health care provider" represents the value of the medical treatment rendered. However, section 490.715.5(2) also allows...

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