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

Summary

The court held that the collateral-source statute applied to Smith's pending negligence action because recovery had not occurred before the statute's effective date. It further held that the statute applies before verdict and unambiguously excludes evidence of the amount paid by Smith's insurer for his medical expenses. The court therefore discharged the rule to show cause and left the trial court's evidentiary ruling in place. Justice EID, joined by Justices COATS and BOATRIGHT, dissented, arguing that the statute addresses only post-verdict reimbursement and did not change the pre-verdict evidentiary rule.