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FORFAR v. WAL-MART STORES, INC.

Court of Appeals No. 17CA0663.

436 P.3d 580 (2018)

2018 COA 125

Robert P. FORFAR III, Plaintiff-Appellee, v. WAL-MART STORES, INC., d/b/a Wal-Mart, d/b/a Wal-Mart Supercenter, d/b/a Wal-Mart Supercenter #, d/b/a Wal-Mart Market, d/b/a Wal-Mart Neighborhood Market; Wal-Mart Stores East, LP, d/b/a Wal-Mart Stores East I, LP; Wal-Mart Associates, Inc.; Wal-Mart Store #984; and Castle Rock Wal-Mart Supercenter, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Announced August 23, 2018.

Attorney(s) appearing for the Case

Burg Simpson Eldredge Hersh & Jardine, P.C., Nelson Boyle , Englewood, Colorado, for Plaintiff-Appellee.

Kutak Rock LLP, Mark C. Willis , Mia K. Della Cava , Denver, Colorado, for Defendants-Appellants.

Heideman Poor LLC, John F. Poor , Denver, Colorado, for Amicus Curiae Colorado Trial Lawyers Association.

¶ 1 This premises liability case presents a novel question in Colorado: whether the collateral source rule—codified in section 10-1-135(10)(a), C.R.S. 2017, and section 13-21-111.6, C.R.S. 2017—applies to Medicare benefits. We conclude that it does.

¶ 2 Wal-Mart Stores, Inc., appeals the judgment...

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