common-law collateral source rule (Alabama) · Go Syfert
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common-law collateral source rule in Alabama

5 Alabama opinions name it 2 courts 2011–2025 2 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Crocker v. Grammergreen
alacivapp · 2011 · cited in 4 Alabama opinions naming this issue, 2012–2025
2 sentences

2016She also relies on Crocker v. Grammer, 87 So.3d 1190 (Ala. Civ.App.2011), and McCormick v. Bunting, 99 So.3d 1248 (Ala.Civ.App.2012), in which this court held that, in enacting § 12-21-45, Aa.Code 1975, 2 the legislature modified the common-law collateral-source rule in order to allow Alabama juries to determine whether an award of damages should be reduced as the result of payments of medical and hospital expenses made by third parties on behalf of a plaintiff.

2012Discussion In his brief to this court, McCormick states that “the sole issue on appeal is whether the trial court erred by refusing to apply § 12-21-15 and precluding McCormick from presenting evidence that [Bunting’s] medical bills had been paid by a collateral source and the amounts of those payments.” (McCormick’s brief at p. 3.) In Crocker v. Grammer, 87 So.3d 1190, 1193 (Ala.Civ.App.2011), this court held that the legislature had modified the common-law collateral-source rule in order to allow Alabama juries to determine whether an award of damages should be reduced as a result of payment

34
Senn v. Alabama Gas Corp.green
ala · 1993 · cited in 3 Alabama opinions naming this issue, 2011–2025
2 sentences

2025See Senn v. Alabama Gas Corp., 619 So. 2d 1320, 1325 (Ala. 1993)." Crocker v. Grammer, 87 So. 3d 1190, 1193 (Ala. Civ.

2025See Senn v. Alabama Gas Corp., 619 So. 2d 1320, 1325 (Ala. 1993)." Crocker v. Grammer, 87 So. 3d 1190, 1193 (Ala. Civ.

33
Williston v. Ardgreen
ala · 1992 · cited in 3 Alabama opinions naming this issue, 2011–2016
2 sentences

2016The common-law collateral-source rule provided “that an amount of damages [was] not decreased by benefits received by a plaintiff [in a personal-injury action] from a source wholly collateral to and independent of the wrongdoer, including services provided by the state at government expense or decreased by institutionalization at government expense.” Williston v. Ard, 611 So.2d 274, 278 (Ala.1992).

2011Under the common-law collateral-source rule, “an amount of damages is not decreased by benefits received by a plaintiff from a source wholly collateral to and independent of the wrongdoer.” Williston v. Ard; 611 So.2d 274, 278 (Ala.1992).

33
American Legion Post No. 57 v. Leaheygreen
ala · 1996 · cited in 1 Alabama opinions naming this issue, 2011–2011
1 sentence

2011Based on that substantive rule of law, see American Legion Post No. 57 v. Leakey, 681 So.2d 1337, 1343 (Ala.1996), overruled on other grounds by Marsh v. Green, 782 So.2d 223 (Ala.2000) (holding that the collateral-source rule “as a whole is a rule of substantive law,” but one that contains a procedural component (emphasis omitted)), evidence of third-party payments of medical and hospital expenses was not admissible in personal-injury actions because such evidence was irrelevant to the issue of the appropriate measure of damages and unduly prejudicial to the plaintiff if used for other purpos

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Joyce D. Higgs v. Costa Crociere S.P.A. Company green
ca11 · 2020
2 sentences

2025The Higgs court further explained that "[t]he evidentiary role of the collateral source doctrine acts as a 8 SC-2023-0401 and SC-2023-0424 prophylactic, shielding the jury from evidence that is likely to encourage it to violate the substantive role of the rule." Id. at 1314 . 1 Alabama historically applied the common-law collateral-source rule.

2025The Higgs court further explained that "[t]he evidentiary role of the collateral source doctrine acts as a 8 SC-2023-0401 and SC-2023-0424 prophylactic, shielding the jury from evidence that is likely to encourage it to violate the substantive role of the rule." Id. at 1314 . 1 Alabama historically applied the common-law collateral-source rule.

22025–2025
McCormick v. Bunting green
alacivapp · 2012
1 sentence

2016She also relies on Crocker v. Grammer, 87 So.3d 1190 (Ala. Civ.App.2011), and McCormick v. Bunting, 99 So.3d 1248 (Ala.Civ.App.2012), in which this court held that, in enacting § 12-21-45, Aa.Code 1975, 2 the legislature modified the common-law collateral-source rule in order to allow Alabama juries to determine whether an award of damages should be reduced as the result of payments of medical and hospital expenses made by third parties on behalf of a plaintiff.

12016–2016
Marsh v. Green green
ala · 2000
1 sentence

2011Based on that substantive rule of law, see American Legion Post No. 57 v. Leakey, 681 So.2d 1337, 1343 (Ala.1996), overruled on other grounds by Marsh v. Green, 782 So.2d 223 (Ala.2000) (holding that the collateral-source rule “as a whole is a rule of substantive law,” but one that contains a procedural component (emphasis omitted)), evidence of third-party payments of medical and hospital expenses was not admissible in personal-injury actions because such evidence was irrelevant to the issue of the appropriate measure of damages and unduly prejudicial to the plaintiff if used for other purpos

12011–2011

Statutes the citing opinions construe

AL § Ala. Code § 12-21-45 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 8 (1997–2021) MN 6 (2003–2013) FL 5 (1988–2015) AL 5 (2011–2025) KS 5 (1986–2009) NJ 4 (1996–2020) NY 4 (1993–2024) OH 4 (2004–2013) MI 4 (1984–2016) TX 3 (2012–2013) MA 3 (2008–2015) OR 2 (2007–2019) WA 2 (1998–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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