Progressive Select Insurance Company v. Marrietta Reinberger
The Second District held that Progressive was entitled to a directed verdict on all future medical expenses except the $17,850 for medication, which Progressive conceded was supported. A life care planner's testimony built on possibilities does not prove expenses are 'reasonably certain' to be incurred, even if the expert adds the words 'reasonable degree of medical certainty.' The court struck that part of the award and otherwise affirmed, declining to order a new trial on noneconomic damages.
Key facts
- Reinberger sued her uninsured/underinsured motorist carrier, Progressive, for UM benefits after a December 2019 auto accident. Progressive disputed liability, causation, permanency, and damages.
- Her life care planner, who never examined her or consulted a surgeon, prepared a $233,478 plan that included physical therapy, radiofrequency ablations, injections, specialist visits, diagnostics, and a TENS unit. His testimony was full of 'may,' 'could,' and 'if,' though he agreed that everything in the plan was within a reasonable degree of medical certainty.
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Holdings
- A plaintiff may recover future medical expenses only if they are reasonably certain to be incurred and the evidence lets the jury set the amount with reasonable certainty. A mere…
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Why it matters
This is an important defense tool against life care plans in UM and bodily-injury trials. The Second District confirms that the magic words 'reasonable degree of medical certainty' will not save a plan whose line items… — full analysis with a trial
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