Venue: |
CA Ct. App.
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Facts: |
Plaintiff gets injured in a rear-end collision. He misses a bunch of
work, but since he works for a family-owned business, they keep
paying him (he owns 15% of it, by the way). |
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Posture: |
Verdict for the plaintiff at trial. The trial judge instructs the
jury not to compensate for lost earnings because he continued
to get paid. |
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Issue: |
Should tortfeasors receive a windfall because other people help
out their victims? |
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Holding: |
No. Remanded for a new trial on lost wages damages. |
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Rule: |
The "collateral source" rule: plaintiffs can still recover full
damages even though they have already received compensation
from other sources. |
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Reasoning: |
If we allow this line of reasoning, it'll just keep people from
wanting to help one another out, because they'd be effectively
handing money back to tortfeasors. |
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Dicta: |
There's no such thing as "double compensation" where pain and
suffering are concerned. |
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