Jones v. Kramer

838 A.2d 170, 267 Conn. 336, 2004 Conn. LEXIS 6
CourtSupreme Court of Connecticut
DecidedJanuary 13, 2004
DocketSC 16872
StatusPublished
Cited by26 cases

This text of 838 A.2d 170 (Jones v. Kramer) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Kramer, 838 A.2d 170, 267 Conn. 336, 2004 Conn. LEXIS 6 (Colo. 2004).

Opinion

Opinion

KATZ, J.

In a personal injury action, General Statutes § 52-225a1 authorizes the trial court to reduce the plain[339]*339tiffs economic damages award by an amount equal to the sum of collateral source payments received by the plaintiff, less any amount paid by or on behalf of the plaintiff to secure those payments. This certified appeal2 requires that we determine whether § 52-225a requires the trial court to deduct all collateral source payments from the plaintiffs economic damages award, or only those payments that were allocated to the specific items of damages actually included within the fact finder’s verdict. Specifically, the plaintiff, Gene S. Jones, claims that the Appellate Court improperly concluded that the trial court properly had reduced his economic damages award by all collateral source payments received by him, irrespective of whether those payments corresponded with items of damages that actually had been included in the jury’s verdict. See Jones v. Kramer, 72 Conn. App. 789, 796, 806 A.2d 606 (2002). We agree with the plaintiff and, accordingly, reverse the judgment of the Appellate Court.

The Appellate Court opinion sets forth the following relevant facts and procedural history: “By way of an amended complaint, the plaintiff brought this action against the defendant, Alex Davis, executor of the estate of Alex C. Kramer.3 In the amended complaint, the plaintiff alleged that he sustained injuries in an automobile collision with Kramer and that the collision was caused by Kramer’s negligence. At trial, the plaintiff claimed more than $40,000 in economic damages, including [340]*340more than $30,000 in medical expenses and $10,000 in lost wages. The jury returned a verdict for the plaintiff, awarding him $15,000 in economic damages and $35,000 in noneconomic damages.

“At the subsequent collateral source hearing, the parties stipulated that $13,031 of the plaintiffs medical bills had been paid by his insurance carrier. The parties also stipulated that after the deduction of insurance premiums paid by the plaintiff, the net amount received from the insurer was $12,000 and that the plaintiff was entitled to costs in the amount of $4361.21. In addition, the [trial] court found, on the basis of the testimony of the plaintiff, that the plaintiffs unreimbursed, out-of-pocket medical expenses totaled $16,008.61.” Id., 791-92.

On the basis of these facts, the defendant sought a collateral source credit of $12,000, claiming that, because the plaintiffs insurance carrier had paid in excess of that amount toward the plaintiffs medical bills, the defendant was entitled to that credit. The plaintiff argued in response that the jury had awarded only $15,000 when he had claimed in excess of $30,000 in medical expenses and $10,000 in lost wages. The jury had not delineated the amount awarded for each specific item of damages, and the defendant had not proven whether the economic damages awarded by the jury included any of the medical bills or other benefits paid by the plaintiffs insurance carrier. Therefore, the plaintiff claimed, the defendant had not sustained his burden of proof as to whether he was entitled to any collateral source credit. Pursuant to the defendant’s request, the trial court reduced the $50,000 verdict by the full amount of $12,000 and thereafter rendered judgment for the plaintiff in the amount of $42,361.21, which included the plaintiffs costs.

On appeal to the Appellate Court, the plaintiff claimed that the trial court improperly had concluded that the [341]*341verdict was subject to a collateral source reduction pursuant to § 52-225a. Specifically, the plaintiff contended that § 52-225a authorizes the trial court to deduct only those collateral source payments received for damages that actually were included in the jury’s verdict. The plaintiff further argued that the defendant should bear the burden of requesting jury interrogatories to establish whether the verdict includes damages for which the plaintiff had received collateral source benefits. Id., 792. Because the defendant had not sustained his burden of proof, the plaintiff claimed that the defendant was not entitled to any collateral source credit. A majority of the Appellate Court rejected the plaintiffs claim, concluding that the express language of the statute, as written, “authorizes a reduction of the jury’s award of economic damages by a single amount representing the sum of all collateral sources received by the plaintiff, less any payments made to secure the collateral sources.” (Emphasis added.) Id., 794. In so concluding, the Appellate Court noted that, contrary to the plaintiffs argument, the express language of § 52-225a requires the court to deduct from the jury’s award of economic damages “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”; (emphasis added) General Statutes § 52-225a (a); and likewise requires the court to determine “the total amount of collateral sources . . . .” (Emphasis added.) General Statutes § 52-225a (b). The Appellate Court, therefore, determined that “[t]he legislature’s use of the word ‘total’ in both subsections (a) and (b) of the statute is inconsistent with the piecemeal approach to collateral source reductions advocated by the plaintiff.” Jones v. Kramer, supra, 72 Conn. App. 794. Additionally, the Appellate Court stated that its conclusion was consistent with the legislative policy underlying [342]*342§ 52-225a “to prevent plaintiffs from obtaining double recoveries, i.e., collecting economic damages from a defendant and also receiving collateral source payments.” (Internal quotation marks omitted.) Id., 795.

In a dissent to the majority opinion, Judge Bishop determined that § 52-225a authorizes the trial court to reduce the jury’s award of economic damages “only by collateral source payments for the damages actually awarded.” Id., 797. Specifically, Judge Bishop disagreed with “the majority’s conclusion that the repeated use of the word ‘total’ in two portions of the statute makes it clear that the legislature intended for any award of economic damages to be reduced by the amount of payments of any other economic damages, regardless of whether the damages for which collateral payments made were, in fact, part of the jury’s award.” Id., 798 (Bishop, J., dissenting). Rather, he reasoned that the language of § 52-225a must be understood in the context of its underlying legislative policy, as a function of tort reform, “to change the common law so as to prevent a plaintiff from receiving a double recovery for the same damages.” Id. Therefore, Judge Bishop concluded in his dissent that “[t]o give meaning to the stated intent of tort reform, a more reasonable understanding of the term ‘damages’ in § 52-225a requires that the court, at a collateral source hearing, should deduct collateral source payments for the specific economic damages that were, in fact, awarded by the jury.” (Emphasis in original.) Id., 800. Additionally, he stated that § 52-225a should be construed narrowly because it had been enacted in derogation of the common-law collateral source rule. Id., 802-803.

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Cite This Page — Counsel Stack

Bluebook (online)
838 A.2d 170, 267 Conn. 336, 2004 Conn. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-kramer-conn-2004.