Legal Opinion

Ciminski v. SCI CORPORATION

Washington Supreme Court

Decided November 2, 1978No. 45070PublishedCited by 33 opinions

1Opinion of the CourtHicks, J.

The question of whether Part A Medicare payments made to an eligible recipient are payments from a collateral source is one of first impression in this state. Consequently, we are free to adopt that solution which appears most sensible and equitable, and we hold that such payments are from a collateral source.

Respondent, a 73-year-old widow, fell in appellant's restaurant and sustained severe hip injuries. The facts are set forth with some particularity in Ciminski v. Finn Corp., 13 Wn. App. 815, 537 P.2d 850 (1975). As the widow of a "qualified railroad retirement beneficiar [y]" (42 U.S.C.…

2Cases cited10 opinions

  1. Eichel v. New York Central RailroadSupreme Court of the United States · 1963
  2. Ciminski v. Finn Corp.Court of Appeals of Washington · 1975
  3. Thoreson v. Milwaukee & Suburban Transport Corp.Wisconsin Supreme Court · 1972
  4. Murray Grayson and Southern Freightways, Inc., a Corporation v. Earold E. WilliamsCourt of Appeals for the Tenth Circuit · 1958
  5. Witherspoon v. St. Paul Fire & Marine InsuranceWashington Supreme Court · 1976

5 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Mahler v. SzucsWashington Supreme Court · 1998
  2. Mahler v. SzucsWashington Supreme Court · 1998
  3. People v. OrthIllinois Supreme Court · 1988
  4. Xieng v. Peoples National BankWashington Supreme Court · 1993
  5. Britton v. Safeco Insurance Co. of AmericaWashington Supreme Court · 1985

28 more not listed; retrieve them via the Exa API.

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