Borner v. Autry

284 S.W.3d 216, 2009 Tenn. LEXIS 491, 2009 WL 1456310
CourtTennessee Supreme Court
DecidedMay 26, 2009
DocketW2007-00731-SC-R11-CV
StatusPublished
Cited by25 cases

This text of 284 S.W.3d 216 (Borner v. Autry) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Borner v. Autry, 284 S.W.3d 216, 2009 Tenn. LEXIS 491, 2009 WL 1456310 (Tenn. 2009).

Opinion

OPINION

JANICE M. HOLDER, C.J.,

delivered the opinion of the court,

in which CORNELIA A. CLARK, GARY R. WADE, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

This case involves the interpretation and application of Tennessee Code Annotated section 24-5-113(a), which provides a re-buttable presumption that medical bills itemized in and attached to the complaint are necessary and reasonable if the “total amount of such bills” does not exceed $4,000. We hold that a plaintiff may rely on section 24-5-113(a) if the total amount of the medical bills that are itemized and attached does not exceed $4,000, regardless of the total amount of medical' expenses that may have been incurred. A plaintiff is not entitled to the presumption, however, if the plaintiff relies on medical bills that have been redacted to reflect a total of $4,000 or less. The judgment of the Court of Appeals therefore is affirmed in part and reversed in part, and the case is remanded to the trial court for further proceedings consistent with this opinion.

Facts and Procedural History

On December 7, 2003, an automobile driven by Helen Borner, in which Lekesa Borner and her minor son, Kaderius Hunt, were passengers, was involved in a collision with a pickup truck driven by Danny Autry. Both Helen and Lekesa Borner (collectively “Plaintiffs”) received medical treatment primarily from Dr. Michael Heilman.

On December 7, 2004, Helen and Lekesa Borner, individually and on behalf of Ka-derius Hunt, filed a lawsuit against Mr. Autry in the Circuit Court for Madison County for injuries sustained and medical expenses incurred as a result of the collision. Plaintiffs itemized their medical bills and attached copies of the bills to the complaint, invoking Tennessee Code Annotated section 24-5-113(a) (2000). This statute creates a rebuttable presumption that medical bills itemized in and attached to a complaint are necessary and reasonable if the “total amount of such bills” does not exceed $4,000.

In her effort to comply with section 24-5-113(a), Helen Borner listed three medical bills totaling $3,977.75: two bills in the amounts of $505.75 and $50 and Dr. Hellman’s bill in the amount of $3,422. Lekesa Borner listed only Dr. Heilman’s bill in the amount of $3,968. The medical bills as itemized and attached do not exceed $4,000 for either Plaintiff. After the itemization for each Plaintiff, however, the complaint states, “Plaintiff incurred medical expenses which exceeded the statutory amount of $4,000.”

Mr. Autry filed a motion to strike the medical bills attached to the complaint, alleging that the total amount of each bill from Dr. Heilman had been “whited out” and that accurate copies of those bills showed over $4,000 in medical services rendered to each Plaintiff. Plaintiffs concede that they removed charges from Dr. Heilman’s bills. Mr. Autry contends that the Plaintiffs may not rely on the presumption created by section 24-5-113(a) to establish necessity and reasonableness because the total amount of the medical bills incurred by each Plaintiff exceeds $4,000.

The circuit court granted Mr. Autry’s motion to strike. Plaintiffs filed an appli *218 cation for interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The Court of Appeals granted Plaintiffs’ Rule 9 application, affirmed the trial court’s judgment granting Mr. Au-try’s motion to strike, and remanded the case for further proceedings. We granted Plaintiffs’ Rule 11 application for permission to appeal.

Analysis

This case involves the interpretation and application of Tennessee Code Annotated section 24-5-113(a). The issue before us is whether a plaintiff who has incurred medical expenses exceeding $4,000 may invoke the presumption in section 24-5-113(a) by itemizing and attaching medical bills totaling $4,000 or less.

An injured plaintiff bears the burden of proving that medical expenses the plaintiff is seeking to recover are necessary and reasonable. 22 Am.Jur.2d Damages § 166 (2003 & Westlaw 2008); 25 C.J.S. Damages § 259 (2002 & Westlaw 2008); cf. Lindsey v. Stroks Cos., 830 S.W.2d 899, 903 (Tenn.1992) (holding that the plaintiff employee failed to meet his burden of proving the necessity and reasonableness of medical charges incurred for purposes of his workers’ compensation action). In all but the most obvious and routine cases, plaintiffs must present competent expert testimony to meet this burden of proof. See, e.g., Gamer v. Maxwell, 50 TenmApp. 157, 360 S.W.2d 64, 68-69 (1961); 2 Litigating Tort Cases § 22:34 (Roxanne Barton Conlin & Gregory S. Cu-simano eds., Westlaw 2008). The prima facie presumption of necessity and reasonableness provided by section 24-5-113(a) assists claimants for whom the expense of deposing an expert may exceed the value of the medical services for which recovery is sought. The presumption may be rebutted, however, by proof contradicting either the necessity or reasonableness of the medical expenses.

When adopted in 1978, section 24-5-113 stated, in pertinent part, “Proof ... that medical, hospital, or doctor bills were paid or incurred because of any illness, disease, or injury shall be prima facie evidence that the bills so paid or incurred were necessary and reasonable.” Act of Mar. 14, 1978, 1978 Tenn. Pub. Acts 654. The statute further provided that the “presumption shall not apply when the medical, hospital and doctor bills total in excess of $500.00.” Id. (emphasis added). The statute made no reference to itemized or attached medical bills. The plain language of the statute limited the application of the presumption to eases in which the total amount of medical bills incurred did not exceed $500.00.

The statute was amended in 1981 to delete the original language. The 1981 amendment was substantially the same as the current version of section 24-5-113(a), 1 which states as follows:

(a)(1) Proof in any civil action that medical, hospital, or doctor bills were paid or incurred because of any illness, disease, or injury may be itemized in the complaint or civil warrant with a copy of bills paid or incurred attached as an exhibit to the complaint or civil warrant. The bills itemized and attached as an exhibit shall be prima facie evidence that *219 the bills so paid or incurred were necessary and reasonable.
(2) This section shall apply only in personal injury actions brought in any court by injured parties against the persons responsible for causing such injuries.
(3) This prima facie presumption shall apply to the medical, hospital and doctor bills itemized with copies of bills attached to the complaint or civil warrant; provided, that the total amount of such bills does not exceed the sum of four thousand dollar’s ($4,000).

Tenn.Code Ann. § 24-5-113(a).

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Cite This Page — Counsel Stack

Bluebook (online)
284 S.W.3d 216, 2009 Tenn. LEXIS 491, 2009 WL 1456310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borner-v-autry-tenn-2009.