Rotolo Chevrolet v. Superior Court

In this matter we are called upon to analyze and apply.the collateral source rule. We hold that the trial court erred in finding that the payments at issue constituted a collateral source and that evidence of the payments would therefore be inadmissible at trial. Accordingly, we grant the relief requested.

The relevant facts are not in dispute and may be briefly stated. Real party in interest Norbert Staudt (Staudt), plaintiff below, alleges that he suffered injury due to a defective vehicle supplied by defendant and petitioner Rotolo Chevrolet (Rotolo) to Staudt’s employer. He further claims that he was compelled to retire from his position as a fire captain due to his injuries. Just prior to trial, Staudt filed a motion in limine to exclude any evidence of payments he had and would receive as disability retirement benefits. On the other hand, Staudt intends to introduce evidence of the amount of regular retirement benefits that he has lost due to his premature retirement. Although the record is not complete in this respect, it appears that Staudt’s expert has testified that, over the period of his retirement, he would have received $873,261 in retirement benefits, and…