Monday, June 8, 2026 1 day streak

Free Bar Question of the Day 2026

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Evidence Multiple Choice
A motorist was rear-ended by a truck as she sat at a red light. The impact caused severe injuries to her back and neck. She collected private disability insurance payments of $300 per month, which would continue as long as she remained disabled.

Defendant tried to introduce evidence of the disability insurance payments to show that the plaintiff had a reason to remain disabled and continue to collect. The trial court allowed the evidence to be entered in front of the jury. Assume the applicability of the collateral source rule in that jurisdiction.

Will the appellate court likely overrule the evidentiary decision of the trial court and remand for a new trial on damages?
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Rationale

Insofar as the evidence bears on the issue of malingering, there will generally be other evidence having more probative value and involving less likelihood of prejudice than the receipt of a disability pension. Eichel v. New York Central R. Co., 375 U.S. 253, 255, 11 L.Ed.2d 307, 309, 84 S.Ct. 316 (1963).

A pervasive public policy exists for the collateral source rule. The doctrine provides that if an injured party received some compensation for his injuries from a source wholly independent of the tortfeasor, such payment is inadmissible as evidence so that it will not be deducted from the damages which the plaintiff would otherwise collect from the tortfeasor.

See, for example, Hrnjak v. Graymar, Inc., 4 Cal.3d 725, 729-731, 484 P. 2d 599 (CA Supreme Ct 1971).

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