Opinion
No. 05C-07-027 WLW.
December 20, 2006.
January 3, 2007.
ORDER
Upon Defendant's Motion in Limine to Exclude Testimony. Granted.
Scott E. Chambers, Esquire, Schmittinger and Rodriguez, P.A., Dover, Delaware; attorneys for the Plaintiff.
Charles P. Coates, III, Esquire, Law Offices of Allan Wendelburg, Newark, Delaware; attorneys for the Defendant.
Dr. Asit Upadhyay and Dr. Rachel Smith were treating physicians of Plaintiff Celeste Katz ("Ms. Katz"). Although both physicians generally testified that all of the Plaintiff's medical bills (including the Delaware Surgery bill) were reasonable, necessary and proximately related to her automobile accident of November 25, 2003, the Doctors lack specific knowledge as to the particulars of the $20,160.00 Delaware Surgery bill in question.
Dr. Upadhyay testified that "the other bills, the anesthesia bills and the facility fees that were $20,000 are unrelated to our office [Delaware Back Pain Sports Rehabilitation] and we have no financial connection with those organizations." Dr. Upadhyay further testified that he was uncertain of what the [Delaware Surgery] bill was exactly charging. Dr. Upadhyay's lack of specific knowledge of the Delaware Surgery bill, therefore, precludes the doctor from testifying as to the reasonableness of the bill.
Dr. Smith was more specific than Dr. Upadhyay concerning the factors that formed the basis of the $2,520 charge per injection. Even though Dr. Smith testified to the general factors that would form the basis of the charge, she further testified that she did not know [specifically] what made up the $2,520 charge at the time of her deposition. Dr. Smith further testified that the bill was not from her. Dr. Smith's lack of specific knowledge of the Delaware Surgery bill, therefore, precludes her from testifying as to the reasonableness of the bill.
Ms. Katz had eight total injections during two trips to the Delaware Surgical Center. She was charged $2,520 for each injection, which resulted in the $20,160 bill in question.
Dr. Smith testified that she would have to pull up an itemized bill to know what makes up the $2,520 charge.
Consequently the Defendant's Motion in Limine to exclude the testimony of Dr. Upadhyay and Dr. Smith concerning the reasonableness of the bill of Delaware Surgery in the amount of $20,160.00 is granted. Although Drs. Upadhyay and Smith are precluded from testifying on this matter, the Court will allow the Plaintiff an opportunity to proffer testimony that is competent concerning the reasonableness of the $20,160.00 Delaware Surgery bill.
IT IS SO ORDERED.