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REFERENCE TITLE: collateral source evidence; public entities |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2751 |
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Introduced by Representative Brophy McGee
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AN ACT
amending title 12, chapter 7, article 2, Arizona Revised Statutes, by adding section 12-824; relating to actions against public entities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 7, article 2, Arizona Revised Statutes, is amended by adding section 12-824, to read:
12-824. Admissibility of collateral source evidence; definition
A. In an action against a public entity or public employee to recover damages for personal injuries or wrongful death or for damage to or destruction of property, the public entity or public employee may introduce evidence of any money or benefit that is or will be payable to the plaintiff or on the plaintiff's behalf, as a result of the injury, death, damage or destruction, to establish that any cost, expense or loss the plaintiff claims to have suffered as a result of the injury, death, damage or destruction is subject to reimbursement or indemnification from the collateral source. If the public entity or public employee introduces collateral source evidence, the plaintiff may introduce evidence of any of the following:
1. Amounts the plaintiff has paid or contributed to secure the plaintiff's right to any benefits.
2. That recovery from the public entity or public employee is subject to a lien.
3. That the provider of the collateral benefits has a statutory right of recovery against the plaintiff as reimbursement for the benefits.
4. That the provider of the benefits has a right of subrogation to the rights of the plaintiff in the action.
B. Evidence introduced pursuant to this section is admissible for the purpose of considering the plaintiff's damages and shall be accorded such weight as the trier of fact chooses to give it.
C. Unless otherwise expressly permitted by statute, a collateral source benefits provider shall not recover any amount against the plaintiff as reimbursement for such benefits and shall not be subrogated to the rights of the plaintiff.
D. For the purposes of this section, "public entity" means any political subdivision of this state and any public educational institution.