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SMOCK v. STATE

Nos. A107532, A108413.

41 Cal.Rptr.3d 857 (2006)

138 Cal.App.4th 883

Morgan Robert SMOCK, Plaintiff and Respondent, v. STATE of California, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

April 18, 2006.

Attorney(s) appearing for the Case

Bruce A. Behrens, Chief Counsel, David Gossage, Deputy Chief Counsel, Karl H. Schmidt, Assistant Chief Counsel, Janet Y. Wong, for Appellant.

Joseph A. Hearst, Douglas S. Saeltzer, Walkup, Melodia, Kelly & Echeverria, San Francisco, for Respondent.

SIGGINS, J.

The State of California appeals from a jury verdict in favor of Morgan Robert Smock in his personal injury suit. The State contends the trial court erred when it applied the collateral source rule to exclude from the jury's consideration certain payments Smock received from his employer during his convalescence. The State also argues that it was error to award costs jointly and severally. We affirm.

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