Swanson v. Brewster

I respectfully dissent. Contrary to our longstanding rules of statutory interpretation that require a strict construction of statutes in abrogation of the common law, the majority adopts an expansive interpretation of the word “payments” in the collateral-source statute, MinmStat. § 548.251 (2008), which extends beyond the plain meaning to a negotiated discount between the plaintiffs insurance company and his medical providers. I interpret “payments” according to its plain and ordinary meaning to exclude the amount of a write-off that no one has paid. Thus, I would hold that the injured…