Mathis McBride v. James F. Brown (2010)

MEMORANDUM OF DECISION

Defendant James Brown has filed this motion for a collateral source reduction of the verdict in this matter.

Plaintiff had received $5,000.00 for medical expenses which were paid by the liability insurance coverage provided on the vehicle which he was a passenger in at the time of the accident.   A judgment for $5,394.73 economic damages, and $4500.00 for non-economic damages was rendered in the jury trial.   Defendant now moves for a reduction of the $5,000.00 from the total verdict of $9,894.73.

Plaintiff objects to the reduction and argues the premiums paid for insurance coverage on the vehicle he was occupying would not entitle defendant to the collateral source reduction.

Pursuant to CGS 52-225a(c) it clearly limits collateral source reductions for insurance premium payments made by the claimant (plaintiff) or members of his immediate family.   This statute would not apply to the plaintiff in this action, because the insurance medical payment premiums coverage was paid by the owner of the vehicle in which he was a passenger.   This conclusion was clearly explained in the decision of Jones v. Riley, 263 Conn. 93, 201 (2000).

For the foregoing reason the motion for collateral source reduction filed by defendant James Brown is granted to reduce the verdict, by $5,000.00.   The plaintiff's objection to the collateral source reduction is overruled.

Howard F. Zoarski, J.T R

Zoarski, Howard F., J.T.R.