O'BRYAN v. Hedgespeth

LEIBSON, Justice.

At issue is the constitutionality of KRS 411.188, a statute enacted in 1988 legislating the practice and procedure to apply to all civil actions wherein the plaintiff has received “collateral source payments” related to the same expenses for which he seeks damages in a civil action. Subsection (2) of the statute provides for notice to parties who “hold sub-rogation rights to any award received by the plaintiff as a result of the action,” and an opportunity “to assert subrogation rights by intervention,” and Subsection (3) of the statute specifies that “[c]ollateral source…