Legal Opinion
Fitzgerald v. Expressway Sewerage Constraction, Inc.
Court of Appeals for the First Circuit
Decided May 27, 1999No. 98-1473PublishedCited by 44 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This single-issue appeal pivots around the evidentiary implications of the collateral source rule. We conclude that, notwithstanding the rule, the trial court acted within its discretion in admitting evidence anent payments made by the plaintiffs’ health-care insurer. Consequently, we affirm the judgment below.
The facts of the underlying incident are of little relevance to the issue on appeal, and we do not dwell on them. It suffices to say that, on August 6, 1994, six-year-old Sean Fitzgerald sustained injuries while riding on a parade float in Kingston, Massachusetts.…
2Cases cited14 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. SaccocciaCourt of Appeals for the First Circuit · 1995
- Blinzler v. Marriott International, Inc.Court of Appeals for the First Circuit · 1996
- Daigle v. Maine Medical Center, Inc.Court of Appeals for the First Circuit · 1994
- Corsetti v. Stone Co.Massachusetts Supreme Judicial Court · 1985
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Faigin v. Kelly & CarucciCourt of Appeals for the First Circuit · 1999
- Iacobucci v. Town of PembrokeCourt of Appeals for the First Circuit · 1999
- Downey v. Bob's Discount Furniture Holdings, Inc.Court of Appeals for the First Circuit · 2011
- Correa v. Cruisers, a Division of KCS International, Inc.Court of Appeals for the First Circuit · 2002
- ML Healthcare Services, LLC v. Publix Super Markets, Inc.Court of Appeals for the Eleventh Circuit · 2018
39 more not listed; retrieve them via the Exa API.