Gerlach v. The Cove Apartments, LLC, 471 P.3d 181 (2020)

Citation: Gerlach v. The Cove Apartments, LLC, 471 P.3d 181 (2020)
Parent Document: Gerlach v. The Cove Apartments, LLC, 471 P.3d 181 (2020)
Jurisdiction: Washington (state)
Effective Date: 2020-08-27
Original Source: https://www.courtlistener.com/opinion/4780444/gerlach-v-the-cove-apartments-llc/ ↗

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          The Court of Appeals agreed that “Gerlach’s high blood alcohol level could
stimulate an emotional response in a jury,” but believed it had high enough probative value
that the trial court abused its discretion by excluding it. Gerlach, 8 Wn. App. 2d at 821.
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          Cove also challenges the trial court’s exclusion of Dr. Wickizer’s expert testimony,
which would have compared Gerlach’s medical expenses to Medicare reimbursement rates.
The Court of Appeals upheld that exclusion because “[e]vidence that, on average, a
procedure costs less than the amount charged or that Gerlach’s physicians accept a lesser
payment for services from Medicare is not helpful to the jury in determining whether her
medical expenses were reasonable.” Id. at 829. We agree and find no error. -13-
Gerlach v. The Cove Apartments, LLC, et al., 97325-3

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