Chisholm v. UHP Projects, Inc.

On July 1, 1994, Ultra High Pressure Projects,- Incorporated (“UHP”), breached its duty to provide workmanlike performance on board the ULTRAMAX, and this breach was the proximate cause of Mr. Chisholm’s severe injuries. As such, UHP is, under any modern definition of the term, a “tortfeasor.” Because well-established legal principles do not permit such tortfeasors to offset tort damage awards with payments the plaintiff receives from a collateral source, UHP should be required to pay, in its entirety, the tort award fixed against UHP at trial. Therefore, I would reverse the district court’s…