Miguel Klesowitch filed a lawsuit against the defendant Chiquita Smith to recover for damages allegedly suffered as a result of the defendant’s negligence. The trial judge granted summary judgment in favor of Klesowitch on the issue of defendant’s negligence only, leaving consideration of whether any of the plaintiff’s conduct was a proximate cause of his injuries and the amount of damages for trial. At the trial before the jury, the judge admitted certain medical bills into evidence. Portions of those bills had been written off by the medical providers. The jury returned a verdict in favor of the plaintiff for the full amount of the medical bills admitted into evidence. The verdict was affirmed in part, reversed in part and remanded back to the trial court with instructions.
On June 28, 2008, the plaintiff, Miguel Klesowitch, alleged that the defendant, Chiquita Smith, drove her car into the Klesowitch vehicle. Smith drove her vehicle into an intersection without stopping at a stop sign and into the left side of Klesowitch’s vehicle. Smith admitted not stopping because she did not see the stop sign. The lawsuit complaint alleged that Klesowitch was injured physically, by expending large sums of money for medical expenses to be cured of said physical injuries and by lost money from being unable to pursue his usual occupation. Smith filed an answer and affirmative defenses alleging that Klesowitch was guilty of contributory negligence.
In July 2014, Klesowitch filed a motion for summary judgment “on the issue of liability.” Klesowitch’s motion asserted that at Smith’s deposition, she “set forth testimony indicating that she was clearly at fault for the accident.”