Estate of Farrell Ex Rel. Bennett v. Gordon

In this appeal from the Superior Court, we address two issues of first impression. The first question is whether the collateral source rule permits a plaintiff to recover motor vehicle property damages from a tortfeasor despite payment for such damage by the plaintiffs collision carrier. The second question, posed by cross-appeal, is whether punitive damages may be recovered against the estate of a deceased tort-feasor. We answer both questions in the affirmative.

I

The factual basis underlying this matter is undisputed. Plaintiffs below-appel-lees/cross-appellants, Austin S. Gordon and…