Gardner v. Norman
Gardner v. Norman, 2025 UT 47 (Hagen, J.)
Civil
The Utah Supreme Court held:
- The district court erred by excluding evidence of the negotiated medical charge and using the gross charges to calculate special damages.
- Practice tip: Under the collateral source rule, the fact that the negotiated charge was paid by a third party is inadmissible and cannot reduce a plaintiff’s recovery. But the amount of the negotiated charge reflects the actual loss incurred, which is the measure of special damages.