Volunteers of America v. Gardenswartz

On certiorari review, we consider whether a successful tort plaintiff may recover damages for the full amount of medical expenses incurred, or may recover only the discounted amount paid by the third-party insurance company. We hold that under the collateral source rule, as codified by the contract clause of section 13-21-111.6, C.R.S. (2010), the plaintiff may recover in full. We therefore affirm the court of appeals. Tucker v. Volunteers of America Colo. Branch, 211 P.3d 708, 713 (Colo.App.2008).

I. Facts and Proceedings Below

The plaintiff, Richard B. Tucker,1 was injured when he fell at an…