DocketNumber: No. CV 98 0489467S
Citation Numbers: 2001 Conn. Super. Ct. 11589, 30 Conn. L. Rptr. 299
Judges: AURIGEMMA, JUDGE.
Filed Date: 8/20/2001
Status: Non-Precedential
Modified Date: 4/17/2021
The defendant has moved for a reduction in the amount of economic damages under Connecticut General Statutes §
The defendant has argued that the plaintiff is entitled to recover no economic damages from the defendant because he calculates that the amount CT Page 11590 of collateral source reduction is higher than the amount awarded to the plaintiff, $9,387. The plaintiff has argued it was the defendant's duty to submit interrogatories to determine what portion, if any, of the economic damages awarded by the jury was attributable to the $2,170 in lost wages claimed by the plaintiff at trial, and, therefore, not reimbursed by the plaintiff's health insurer.
The court finds that the proper amount of collateral source reduction lies somewhere between the positions of the parties.
Section
(a) In any civil action, . . . to recover damages resulting from (1) personal injury or wrongful death occurring on or after October 1, 1987, . . . and wherein liability is admitted or is determined by the trier of fact and damages are awarded to compensate the claimant, the court shall reduce the amount of such award which represents economic damages, as defined in subdivision (1) of subsection (a) of section
52-572h , by an amount equal to the total of amounts determined to have been paid under subsection (b) of this section less the total of amounts determined to have been paid under subsection (c) of this section, except that there shall be no reduction for (1) a collateral source for which a right of subrogation exists and (2) that amount of collateral sources equal to the reduction in the claimant's economic damages attributable to his percentage of negligence pursuant to section52-572h .(b) Upon a finding of liability and an awarding of damages by the trier of fact and before the court enters judgment, the court shall receive evidence from the claimant and other appropriate persons concerning the total amount of collateral sources which have been paid for the benefit of the claimant as of the date the court enters judgment.
(c) The court shall receive evidence from the claimant and any other appropriate person concerning any amount which has been paid, contributed, or forfeited, as of the date the court enters judgment, by, or on behalf of, the claimant or members of his immediate family to secure his right to any collateral source benefit which he has received as a result of such injury or CT Page 11591 death.
Section
For purposes of sections
52-225a to52-225c , inclusive: "Collateral sources" means any payments made to the claimant, or on his behalf, by or pursuant to: (1) Any health or sickness insurance, automobile accident insurance that provides health benefits, and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by him or provided by others; or (2) any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the costs of hospital, medical, dental or other health care services."Collateral sources" do not include amounts received by a claimant as a settlement.
Section
(a) For the purposes of this section: (1) "Economic damages" means compensation determined by the trier of fact for pecuniary losses including, but not limited to, the cost of reasonable and necessary medical care, rehabilitative services, custodial care and loss of earnings or earning capacity excluding any noneconomic damages.
The plaintiff in Jones v. Kramer, No. CV97 3440 15 S (Feb. 7, 2001),
The statutory scheme governing collateral source credits does not place the burden of proving which claimed damages the jury considered when rendering a verdict on the person seeking the reduction. Rather, under the statutory scheme the trial court receives evidence on collateral source payments after the verdict and before entering the final judgment. Jones v. Parzych,
37 Conn. App. 784 ,787 ,657 A.2d 721 CT Page 11592 (1995).
It is impossible to tell from the verdict in this case whether the jury awarded for any specific item of economic damage. Therefore, it is not proper to subtract the amount of lost wages from the amount of economic damages subject to collateral source reduction. Moreover, the statute does not authorize such subtraction. Section
The defendant argues that the amount of collateral sources to be subtracted from the economic damages here is $28,000, the total amount received by the plaintiff for injuries she claimed were caused by the negligence of the defendant. When we subtract $12,074 (the amount of health insurance premiums) per §
The problem with the foregoing argument is that the verdict implies that the jury did not find that all of the medical bills claimed by the plaintiff were attributable to the defendant's negligence. At trial the plaintiff presented evidence that the total amount of her medical bills was $26,130.69. Only $15,645 has been found to be related to the conduct of the defendant in any way. The amount of medical bill reimbursements received by the plaintiff over and about that amount is, by definition, not related to the defendant in any way. Why then, should the defendant receive the benefit of a collateral source reduction for such excess reimbursements? The confusion lies in the wording of the statute Section
This court believes that the maximum amount of collateral source CT Page 11593 payments subject to deduction from economic damages is the total amount of economic damages awarded, in this case, $15,645. The parties have agreed that the plaintiff has paid $12,074. in health insurance premiums for the period in question. She has received $28,000 in health insurance benefits. She has been awarded economic damages which comprise approximately 56% of the $28,000. Therefore, she should get a credit for 56% of the health insurance premiums she paid, or, $6,761. Under §
By the court,
Aurigemma, J.