8 THE COURT: And I am going to deny your motion.
9 In terms of whether there was an agreement to $7500, 00 I
10 find that Exhibit's one and two were in fact contracts,
11 and although they are not a model of clarity, and in fact
12 -- all right. They are not a model of clarity, but I do
13 find that they are a contract and they do say that they
14 are an estimate -- an initial estimate, that exact costs
15 cannot be quoted because they may change rapidly and
16 significantly as the patients condition changes, and they
17 say a clinician will attempt to advise you if the charges
18 are likely to substantially exceed this estimate. They
19 don't say the clinician will advise you and get your
21 MR. EVANS: Your Honor, if I may be heard on
22 that. For one there was no evidence from the Plaintiff
23 that they even attempted to advise my client that the
24 charges would exceed, which they substantially exceeded
25 $7500.00, and in addition we're talking about time frame
1 of 7/24 to 8/14 or something. We're talking about a long
2 time frame. So the idea that there was an immediate
3 complication that we could not inform them of increasing
4 cost is ridiculous.
5 THE COURT: Mr. Evans, it doesn't say anything
6 like we'll attempt to advise you if -- it doesn't speak to
7 any kind of I immediate immediacy. So Mr. Cunningham, can
8 you respond to this about the clinician will attempt to
9 advise you?
10 MR. CUNNINGHAM: It says the clinician will
11 attempt to advise you if there is a substantial
12 difference. First of all I would say there was no
13 substantial difference.
14 THE COURT: Okay. I will disagree with you on
15 that point. I think there is clearly a substantial
16 difference between $8500.00 which is the total listed here
17 and what it ended up being $17,000.
18 MR. CUNNINGHAM: $17,000.
19 THE COURT: So I think that's substantial.