2010AP28 Correa v. Leavitt

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Torts
Damages; past medical expenses

Unless the presumption in Rule 908.03(6m)(bm) has been rebutted, medical bills are sufficient to prove past damages.

“Although it is clear that the document from Milwaukee Neurological Institute, SC, is, under Hart’s analysis, a ‘patient health care record[],’ and that the “Medicaid Claims” documents are not, we cannot on this Record assess whether the entity Milwaukee Occupational Medicine is either ‘[a] corporation or limited liability company of any providers specified under pars. (a) to (hp) that provides health care services,’ Wis. Stat. § 146.81(1)(j), or ‘[a] partnership of any providers specified under pars. (a) to (hp).’ Wis. Stat. § 146.81(1)(i). Accordingly, we must remand this matter to the circuit court for fact-finding on this issue. If, on the remand, Farmers Insurance and Close contend that they can rebut the presumption created by Rule 908.03(6m)(bm), see Wis. Stat. Rule 903.01, they should present to the circuit court a specific offer of proof, see Wis. Stat. Rule 901.03(2). If the circuit court finds the offer of proof sufficient, it shall hold an evidentiary hearing, with or without a jury as within its discretion it deems fit. See Wis. Stat. Rule 906.11.”

Affirmed in part, and Remanded.

Publication in the official reports is recommended.

2010AP28 Correa v. Leavitt

Dist. I, Milwaukee County, Cooper, J., Fine, J.

Attorneys: For Appellant: Carroll, Douglas J., Brookfield; For Respondent: Christensen, Paul D., Milwaukee

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