SMITH v. MAHONEY

No. 642, 2015.

150 A.3d 1200 (2016)

Jennifer L. SMITH, Defendant Below, Appellant/Cross-Appellee, v. Delaine MAHONEY, Nicole Marie Richards, Plaintiffs Below, Appellees/Cross-Appellants.

Supreme Court of Delaware.

Decided: November 3, 2016.


Attorney(s) appearing for the Case

Robert C. Collins, II, Esquire , Schwartz & Schwartz, P.A., Dover, Delaware; Robert S. Peck, Esquire (argued), Center for Constitutional Litigation, P.C., Fairfax Station, Virginia, and Jeffrey R. White, Esquire , Center for Constitutional Litigation, P.C., Washington, DC, for Appellant/Cross-Appellee, Jennifer L. Smith.

Thomas P. Leff, Esquire (argued), Rachel D. Allen, Esquire , and Brian V. Demott, Esquire , Casarino Christman Shalk Ransom & Doss, P.A., Wilmington, Delaware, for Appellee/Cross-Appellant, Delaine Mahoney.

Raeann Warner, Esquire , Jacobs & Crumplar, P.A., Wilmington, Delaware; Patrick C. Gallagher, Esquire , Curley, Dodge, & Funk, LLC, Dover, Delaware, Amicus Curiae for Delaware Trial Lawyers Association in Support of Appellant/Cross-Appellee, Jennifer L. Smith.

Before VALIHURA, VAUGHN, and SEITZ, Justices.


I. Introduction

The collateral source rule excludes from a jury's consideration payments or compensation received by a tort plaintiff from a source independent of the wrongdoer. Even though the rule might result in the wrongdoer paying for expenses already paid to the plaintiff by a third party, the law has historically...

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