Powell v. Stephens

Supreme Court of Georgia

Powell v. Stephens

368 S.E.2d 518, 258 Ga. 149, 1988 Ga. LEXIS 100

CourtSupreme Court of Georgia

DecidedApril 6, 1988

Docket45268

StatusPublished

Cited by4 cases

This text of 368 S.E.2d 518 (Powell v. Stephens) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Powell v. Stephens, 368 S.E.2d 518, 258 Ga. 149, 1988 Ga. LEXIS 100 (Ga. 1988).

Pincite

Opinion

Clarke, Presiding Justice.

This case is before us on the question of whether the court erred in denying plaintiff’s motion in limine to exclude evidence of recovery of payments from a collateral source. The collateral source rule was abolished in Georgia pursuant to the Tort Reform Act of 1987, OCGA § 51-12-1 et seq. The question before us is whether this abolition should be applied prospectively or retroactively. This question has been decided by this court in Polito v. Holland, 258 Ga. 54 (365 SE2d 273) (1988), in which we held that the abolition of the collateral source rule would be applied prospectively only. The present case is controlled by Polito v. Holland, supra.

Judgment reversed.

All the Justices concur. *150 Decided April 6, 1988. Daniel C. B. Levy, for appellant. Brennan, Harris & Rominger, Richard A. Rominger, for appellee. Richard A. Marchetti, Morton G. Forbes, Wiley A. Wasden III, amici curiae.

Free access — add to your briefcase to read the full text and ask questions with AI

Clarke, Presiding Justice.

This case is before us on the question of whether the court erred in denying plaintiff’s motion in limine to exclude evidence of recovery of payments from a collateral source. The collateral source rule was abolished in Georgia pursuant to the Tort Reform Act of 1987, OCGA § 51-12-1 et seq. The question before us is whether this abolition should be applied prospectively or retroactively. This question has been decided by this court in Polito v. Holland, 258 Ga. 54 (365 SE2d 273) (1988), in which we held that the abolition of the collateral source rule would be applied prospectively only. The present case is controlled by Polito v. Holland, supra.

Judgment reversed.

All the Justices concur. *150 Decided April 6, 1988. Daniel C. B. Levy, for appellant. Brennan, Harris & Rominger, Richard A. Rominger, for appellee. Richard A. Marchetti, Morton G. Forbes, Wiley A. Wasden III, amici curiae.

Cite This Page — Counsel Stack

Bluebook (online)

368 S.E.2d 518, 258 Ga. 149, 1988 Ga. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-stephens-ga-1988.

Opinion

Related

Cite This Page — Counsel Stack