Supreme Court of Colorado

In Re Donald Francis Smith, Plaintiff v. Michael D. Jeppsen, Defendant and State Farm Mutual Automobile Insurance…

April 30, 20122012 Colo. LEXIS 331

Summary

The court held that the statute applied to the pending negligence action because no recovery had occurred before the statute's effective date. It further held that the statute's plain language applies before verdict and requires exclusion of evidence concerning collateral-source payments for medical expenses. The court therefore discharged the rule to show cause. Justice EID, joined by Justices COATS and BOATRIGHT, dissented, arguing that the statute addressed only post-verdict reimbursement and did not alter the evidentiary rule concerning amounts accepted by medical providers.