In a significant development for bodily-injury litigation, the Utah Supreme Court issued its decision in Gardner v. Norman, 2025 UT 47, on October 30, 2025. The Court held that a plaintiff’s recoverable medical specials are limited to the amounts actually paid to healthcare providers—whether paid by the claimant, an insurer, or another payor—and not the providers’ full, undiscounted billed charges. The Court confirmed that the negotiated payment, rather than the sticker price, represents the proper measure of economic damages for medical care.
Importantly, the ruling has both prospective and retroactive effect. Consistent with the Court’s approach in State v. Green, 2023 UT 10, ¶ 65 n.40, 532 P.3d 930, the Gardner opinion applies to all cases currently in litigation, even where it departs from prior precedent. As a result, any pending bodily-injury matter must now present medical-expense evidence based on amounts actually paid.
Practitioners should also note the impact on disclosure obligations. Under Rules 26(a)(1)(C) and 26.2(b)(6) of the Utah Rules of Civil Procedure, plaintiffs must update their damage disclosures to reflect paid amounts rather than billed totals.
Add comment
Comments