Legal Opinion · Concurrence

Robinson Property Group, L.P. v. Mitchell

Mississippi Supreme Court

Decided April 23, 2009No. 2008-CA-00256-SCTPublished

1ConcurrenceKitchens, Justice

¶ 29. I agree with the majority that “the circuit court correctly applied the law *249when it refused to admit evidence of Mitchell’s health insurance and Medicare coverage.” Maj. Op. at 247. But in my judgment, that correct application stemmed from our long-held principle that parties may not adduce evidence that damages have been mitigated by collateral-source payments. I can endorse neither the abrogation nor the weakening of that wise rule. Therefore, I join today’s judgment in result only.

¶ 30. Let us be under no illusions regarding the impact of today’s pronouncement. The majority opinion’s…

2Cases cited4 opinions

  1. Propeller Monticello v. MollisonSupreme Court of the United States · 1855
  2. Busick v. St. JohnMississippi Supreme Court · 2003
  3. Ethridge v. Goyer Co.Mississippi Supreme Court · 1961
  4. Vance v. HerveyMississippi Supreme Court · 1965

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