Health Cost Controls, Inc. v. Ronald Gifford

This case comes before us on an appeal of the trial court’s finding that the injured party was not
made whole by his recovery for injuries received in an automobile collision. We conclude that the trial court erred in its computation of the injured party’s total recovery by failing to consider the injured party’s recovery from all sources. We also conclude that the record is insufficient to determine whether the injured party has been made whole. Accordingly, we remand this case to the trial court for the purpose of permitting both parties to present evidence. The injured party will have the burden of presenting evidence that sufficiently enables the trial court to make a reasonable assessment of the injured party’s damages. The trial court will determine the monetary value of the party’s damages. Finally, if the trial court finds that the injured party has been made whole, reimbursement should be awarded to the insurer only to the extent that the injured party’s total recovery exceeds the injured party’s total damages.