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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Scott v. Garfield, 454 Mass. 790 (2009)

Citation
Scott v. Garfield, 454 Mass. 790 (2009)
Parent Document
Scott v. Garfield, 454 Mass. 790 (2009)
Jurisdiction
Massachusetts (state)
Effective Date
2009-09-15

Other Sections in This Document (57)

Full Text

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In this era of increased insurance protection, the collateral source rule has *804“allowed plaintiffs to effectuate double and even triple recovery as a result of injuries received by them.” Eastin v. Broomfield, 116 Ariz. 576, 583 (1977). Consequently, the rule and the validity of its rationales have been strongly criticized by commentators. See Anderson, The Collateral Source Rule and Medicaid Plaintiffs: Eliminating Windfalls and Double Recoveries, 30 T. Jefferson L. Rev. 223 (2007); 2 D.B. Dobbs, Remedies § 8.6(3), at 496 (2d ed. 1993); D.B. Dobbs, Torts § 380, at 1059 (2000). The continued viability of the rule is not before us in this case, and I am not suggesting that we amend it.