Damages

July 23rd, 2019 by Rieders Travis in Damages

DAMAGES-COLLATERAL SOURCE RULE-WORKERS' COMPENSATION PAYMENTS DAMAGES-COLLATERAL SOURCE RULE-WORKERS’ COMPENSATION PAYMENTS- Nazarak v. Waite, 216 A.3d 1093 (Pa. Super. August 2, 2019) Stevens, P.J.E.  Plaintiff put in evidence of workers’ compensation payments, lien, and need to pay back.  Defendant objected to this as violation of the collateral source rule.  The court noted that the collateral source rule is intended to protect the plaintiff, but it was plaintiff who put in this evidence.  The evidence also did not suggest liability.  To the extent that the trial court erred in permitting the plaintiff to enter into evidence the fact that he settled his workers’ compensation claim, we agree with the trial court that the error does not constitute reversible error.  Evidence of a settlement should not go into evidence. DAMAGES-PUNITIVE-NURSING HOME Ponzini v. Monroe County, 2019 U.S. App. LEXIS 34731 (3d Cir. November 21, 2019) McKee, C.J., pursuant to I.O.P. 5.7 does not constitute binding precedent.  When health care institutions act or fail to act with intentional or reckless disregard for a patient’s health and welfare, they may be held liable for punitive damages.   The record is filled with evidence of policies…