Who is Winning the Collateral Source Rule War? The Battleground in the Sixth Circuit States

University of Toledo Law Review, Vol. 31, pp. 425-447, 2000

23 Pages Posted: 3 May 2012

See all articles by Nora J. Pasman-Green

Nora J. Pasman-Green

Thomas M. Cooley Law School

Ronald Richards

affiliation not provided to SSRN

Date Written: 2000

Abstract

The collateral source rule has been firmly entrenched in the American jurisprudence of the law of damages for over a century. The rule, considered to be both a rule of evidence and a rule of law, bars the introduction of evidence that a plaintiff has received support from a source collateral to the defendant-wrongdoer which reduced an element of loss. The rule also prohibits the wrongdoer from reducing his or her liability by denying an offset for the support that the plaintiff has received from the collateral source. This article examines the common law collateral source rule's history, policy justifications, and benefactors. The article also examines recent challenges to the common law collateral source rule within the Sixth Circuit states, and the rationales behind such challenges.

Keywords: Collateral source rule, collateral source, reducing liability, bar evidence

Suggested Citation

Pasman-Green, Nora J. and Richards, Ronald, Who is Winning the Collateral Source Rule War? The Battleground in the Sixth Circuit States (2000). University of Toledo Law Review, Vol. 31, pp. 425-447, 2000, Available at SSRN: https://ssrn.com/abstract=2050536

Nora J. Pasman-Green (Contact Author)

Thomas M. Cooley Law School ( email )

300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States
(517)371-5140 (Phone)

Ronald Richards

affiliation not provided to SSRN

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
38
Abstract Views
547
PlumX Metrics