Yarrington v. Thornburg

CAREY, Justice.

This appeal from the Superior Court for New Castle County seeks reversal of an order which reduced the amount of a judgment against a tortfeasor, the reduction representing the sum paid to the plaintiff for a portion of her medical expenses under a policy of insurance carried by the tortfeasor.

The question presented is whether a tortfeasor is entitled to a credit, in reduction of damages, for payments made to the injured person on account of medical expenses under an insurance policy, the premium for which was paid by the tortfeasor.

The appellant in this case was a passenger in…