context: This principle of double recovery, known as the collateral source rule, provided that "compensation or indemnity received by an injured party from a collateral source, wholly independent of the wrongdoer and to which he has not contributed, will not diminish the damages otherwise recoverable from the wrongdoer." The collateral source rule was not applicable in situations in which a plaintiff's compensation was attributable to the defendant.
citation_a.signal: see also
citation_a.identifier: 549 F.2d 1372, 1379
citation_a.parenthetical: In an action against the United States under the Federal Tort Claims Act, that portion of plaintiffs Social Security benefits that were funded by federal government contributions were not collateral sources and, thus, were subject to setoff.
citation_a.sentence: See Carr v. Boyd, 123 Colo. 350, 356-57, 229 P.2d 659, 663 (1951) (“Benefits received by the plaintiff from a source other than the defendant and to which he has not contributed are not to be considered in assessing the damages.”) (quoting 15 Am.Jur. Damages § 201 (1938)); see also Steckler v. United States, 549 F.2d 1372, 1379 (10th Cir.1977) (In an action against the United States under the Federal Tort Claims Act, that portion of plaintiffs Social Security benefits that were funded by federal government contributions were not collateral sources and, thus, were subject to setoff.). Nor did the collateral source rule apply to compensation “gratuitously furnished” to a plaintiff by a governmental body.
citation_b.signal: see
citation_b.identifier: 123 Colo. 350, 356-57
citation_b.parenthetical: "Benefits received by the plaintiff from a source other than the defendant and to which he has not contributed are not to be considered in assessing the damages."
citation_b.sentence: See Carr v. Boyd, 123 Colo. 350, 356-57, 229 P.2d 659, 663 (1951) (“Benefits received by the plaintiff from a source other than the defendant and to which he has not contributed are not to be considered in assessing the damages.”) (quoting 15 Am.Jur. Damages § 201 (1938)); see also Steckler v. United States, 549 F.2d 1372, 1379 (10th Cir.1977) (In an action against the United States under the Federal Tort Claims Act, that portion of plaintiffs Social Security benefits that were funded by federal government contributions were not collateral sources and, thus, were subject to setoff.). Nor did the collateral source rule apply to compensation “gratuitously furnished” to a plaintiff by a governmental body.