Centex-Rodgers Construction Co. v. Herrera

We adopt the order of the trial court denying the collateral source set-off which made the following findings of fact and conclusions of law:

1. That the jury award of $761,641.09 made the Plaintiff whole;

*12072. That a common law right of equitable subrogation existed for the disability-insurance policy payments made to the Plaintiff, George Herrera;

3. The Plaintiff has settled the common law equitable subrogation lien with the disability carrier and received a negotiated release of the aforesaid hen in exchange for a payment of $1,000.00 from the Plaintiff, George Herrera.

Based upon these findings…