tort class notes 2,10

tort class notes 2,10 - Collateral source rule. P sues d...

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Collateral source rule. P sues d and judgment of 10,000 but jury says its made up of 2000 p ain and suffering 7000 for dr bills and 1000 for llost wages, suppose mother says ill pay 5000 should p get credit for that? Yes. Suppose plaintiff has insurance that foots so me of the bills like health insurance. So lets say he has blue cross and it pays 6000 of dr bills. -> collateral source. If collateral rule in effect d would still have to pay 10,000. Problems> instead of getting back to original position he is getting a profit from the judgment. Rule changed by medical malepratice suits – why should we pay money for something that p got for free. Punative damages in tort cases. Can have it when evil doer as a defendnet. Intentional bad conduct. General rule – cant get it in negligence case. Argument against punative damage 1) standards not in place 2) arbitrary in amount – p has greter power to extract large settlement. National by products inv v searcy house movng co (p 470)
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tort class notes 2,10 - Collateral source rule. P sues d...

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