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Remedies Keyed to Tabb, 8th
Helfend v. Southern California Rapid Transit District
Citation:
465 P.2d 61 (1970)Facts
On July 19, 1965, plaintiff Julius J. Helfend was driving eastbound on Third Street in Los Angeles when he stopped to allow another vehicle to park. Kenneth A. Mitchell, driving a bus for the Southern California Rapid Transit District, attempted to pass the stopped vehicles and sideswiped plaintiff’s car, crushing plaintiff’s left arm which was extended in a stopping signal. Plaintiff, age 67, was taken to Central Receiving Hospital and then treated by Dr. Saxon at Sherman Oaks Community Hospital for approximately one week. He underwent six months of physical therapy and suffered permanent discomfort but no permanent disability. Plaintiff claimed special damages of approximately $2,700, including $921 in doctor’s bills and $336.99 in hospital bills. Approximately 80 percent of plaintiff’s hospital bill was paid by his Blue Cross insurance, which required refund of benefits from any tort recovery. The trial court excluded evidence of these insurance payments under the collateral source rule.
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