Page 117 - Cityview_Jan_Feb_2014

IN-DEPTH

L
ike many East Tennesseans,
Phyllis goodman and her family

were returning home late one UNDERCUTTING THE SYSTEM
night a week before Christmas
This short account of a guilty party’s

2008 from an evening of shopping. Ms. reckless behavior causing harm to the
goodman, her husband, and her teen- innocent is unfortunately not unique. negotiated savings are taken into

age son Zachary were playing “Secret Rather, its everyday nature is what consideration. Anyone who has ever
Santa” for Zachary’s two younger sis- makes the story important to Tennes- received an estimate of benefits from

ters and had loaded their car with toys see residents. under a proposed bill their health insurance company knows
and other gifts.
likely to pass the general Assembly in that the paid charge is a fraction of the

While the goodmans were buy-
March and then be signed into law by actual bill. This legislation calls the
ing presents, not far away 22-year-old governor Bill Haslam, the goodmans difference between what an uninsured

Michael England was carousing at his and everyone else injured through the victim is billed and an insured victim is
company’s holiday party. He was also criminality of drunk drivers or the billed “phantom damages.”

loaded—but not with Christmas cheer.
otherwise negligent behavior of civil Far from “phantom,” the injuries suf-
England had a blood-alcohol content defendants will have their constitution- fered are, in fact, real; your health-care

of more than twice the legal limit and ally enshrined rights reduced.
provider reduces your charges because
staggered around so blatantly in- under the egregiously mislabeled the insurance premiums you have paid

toxicated that his host tried to pre- “Phantom Damages Elimination Act,” entitle you to be billed at a discounted
vent England from driving by hiding the bill (SB1184/HB978) guts what is rate. The proposed change increases

his truck keys. He located the keys, known as the Collateral Source Rule— profits for the liability-insurance
however, and—resisting all efforts by an American legal doctrine dating back industry at the expense of prudent Ten-

other guests to stop him—piled into his to 1854 that asserts, when injured, a nesseans who have the foresight and
vehicle and lurched onto Clinton High- victim should not be penalized for wherewithal to protect themselves and

way. Almost immediately, he veered having other means to pay for his or their family by purchasing health in-
across his passing lane, the yellow line, her injuries, usually insurance. Current surance. (See page 120 for how the law

and the opposite passing lane, then legal precedent states “that the plaintiff could affect a hypothetical settlement.)
continued to barrel up the road the has received payments from a collat- To use an analogy, suppose you spent

wrong way. He struck the goodmans eral source, other than the defendant, time and money learning how to do
head on in a collision so loud that, back is not admissible in evidence and does auto-body work. If a drunk driver then

at the party, England’s co-workers not reduce or mitigate the defendant’s damaged your car, is the physical dam-
heard the impact.
liability.” The new law would, however, age to your automobile any less because

Although all of the goodmans were reduce your medical-cost recovery to you know how to fix it yourself? Would
injured, luckily, everyone survived. what you or your insurance eventually the insurance company be able to insist

Through no fault of her own, Phyllis pays, after such deductions as being the repair invoice not include a charge
goodman sustained 11 broken bones. in-network and other group-based
for labor?

Her husband, Jeffrey goodman, had
a life-altering knee injury. Their son,

Zachary, suffered broken ribs and a
debilitating injury to his leg. Despite
Phyllis Goodman sustained 11 broken bones. Her husband,
England’s inarguable culpability, it
would take five years for the family to

prevail in their court case against him.
Jeffrey Goodman, had a life-altering knee injury. Their son,

Zachary, suffered broken ribs and a debilitating injury to his

leg. Despite England’s inarguable culpability, it would take ive

years for the family to prevail in their court case against him.

115
january february 2014 cityviewmag.com