ESPOSITO v. O'HAIR

No. 2004-186-Appeal.

886 A.2d 1197 (2005)

Maria ESPOSITO, as Executrix of the Estate of Marion T. Thomson v. James P. O'HAIR et al.

Supreme Court of Rhode Island.

December 19, 2005.


Attorney(s) appearing for the Case

Christopher P. Sheehan, Jacqueline G. Kelley, Providence, for Plaintiff.

Thomas R. Bender, Michael G. Sarli, Providence, for Defendants.

Present: WILLIAMS, C.J., GOLDBERG, FLAHERTY, SUTTELL, and ROBINSON, JJ.


OPINION

Justice FLAHERTY, for the Court.

In this medical malpractice dispute, we must determine whether Medicaid is a "state income disability" act, and thus falls within a list of collateral source payments that are admissible to reduce a plaintiff's damages under G.L.1956 § 9-19-34.1.

I

Background

In March 2001, Marion Thomson filed suit against Atmed Treatment Center, Inc., Hani Zaki, M.D., Inc., and three physicians&...

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