(Download) "Cruz V. Groth: The Exceptional Collateral Source Rule Remains Exception-Free in South Dakota." by South Dakota Law Review ~ eBook PDF Kindle ePub Free
eBook details
- Title: Cruz V. Groth: The Exceptional Collateral Source Rule Remains Exception-Free in South Dakota.
- Author : South Dakota Law Review
- Release Date : January 22, 2010
- Genre: Education,Books,Professional & Technical,
- Pages : * pages
- Size : 285 KB
Description
I. INTRODUCTION In the area of tort law, "the fastest way to a mistrial is to mention the word 'insurance' in front of the jury." (1) A plaintiff's insurance or collateral sources of income typically are not introduced to the jury because of the potential danger that the jury may reduce the damages award when it discovers that the plaintiff s damages have been partially or entirely covered by another source. (2) In south Dakota, the rule is well-settled that neither "[t]otal [n]or partial compensation received by an injured party from a collateral source" offset the damages recovered from the wrongdoer. (3)