Walker v. Long

By Judge Randall G. Johnson

This personal injury case is before the court on defendant’s motion in limine. At issue is whether plaintiff may recover medical expenses incurred as a result of defendant’s negligence, but which were subsequently discharged in bankruptcy. I hold that she may not.

The argument in favor of allowing a recovery under the circumstances of this case is based on Virginia’s collateral source rule. Under that rule, a tortfeasor will not be relieved of any part of his liability to compensate a plaintiff for losses sustained as a result of the wrongdoer’s negligence even…