Mills v. Fletcher

TTLA, through your Amicus Committee, has filed an amicus brief in Mills v. Fletcher, in the San Antonio Court of Appeals, cause no. 04-06-00345-CV. In that case, the appellant is contending that under 41.0105, the plaintiff is not entitled to recover for medical expenses that have been written-off or -down. Again, many thanks to Jim Perdue and Kirk Pittard for their substantive work on the brief.

The plaintiff-appellee, Kevin Fletcher, is represented by John Tyler and Craig Bettis of Tyler & Peery, in San Antonio.

Oral argument is set for February 7, in front of Justices Stone, Angelini, and Hilbig. The consensus is that that is about as favorable a panel as we could hope for in that court.

Again, I caution that the brief is not a compendium of all possible arguments that can be made on the issue--it was designed to complement, rather than replace, the appellee's brief.

As always, if you have any questions or comments, or if you hear of any trial court dispositions of the issue, please let Amicus Committee Chair Peter Kelly or TTLA staff liaison Zoe Taylor know.

Access the brief.

Click here for more on the paid/incurred issue, including articles, court orders and sample briefs.