Smith v. Creech
Smith v. Creech, 2025 UT App 195 (Mortensen, J.)
Civil
The Utah Court of Appeals held:
- The district court incorrectly denied Creech’s motion for directed verdict.
- The district court abused is discretion in excluding all evidence of Smith’s other medical issues that Creech could not connect to the asserted damages with expert testimony.
- Practice tip: The medical necessity of a treatment and the reasonableness of the expenses incurred from the treatment are two distinct concepts, and to recover a plaintiff must demonstrate that the medical treatment was both medically necessary and the incurred expenses from the treatment were reasonable.
- Practice tip: Evidence of a plaintiff’s preexisting or unrelated medical conditions is relevant and admissible for the jury’s assessment of general damages.
- Practice tip: The foundation for the reasonableness of medical bills can be established by calling a medical provider or insurance representative to testify or by the plaintiff testifying that the medical bills were paid by the insurance company without objection.