Slack v. Kelleher

EISMANN, Justice.

This is an appeal from a jury verdict awarding damages arising out of a traffic accident. We affirm the judgment except for the district court’s denial of the defendant’s motion to treat as a collateral source the mandatory reductions in the charges for the plaintiffs medical care due to Medicare “write-downs.” Because such write-downs are to be treated as a collateral source, we remand to the district court to reduce the amount of the judgment accordingly.

I. FACTS AND PROCEDURAL HISTORY

During the late afternoon of November 16, 1999, the defendant-appellant Louis Kelleher…