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Tag Archives: collateral source rule

2010AP258 Weborg, et al. v. Jenny, et al.

Torts Medical malpractice; collateral source rule; alternative treatments; jury instructions Theresa Weborg and her children, who are the surviving spouse and children of William Weborg, appeal judgments finding in favor of Dr. Joseph Rebhan, Dr. Donald Jenny and Dr. Erik Borgnes on the Weborgs’ medical malpractice actions against them. The Weborgs contend they are entitled to a new trial because ...

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2009AP1669 Fischer v. Steffen

Torts Subrogation; collateral source rule The collateral source rule does not entitle plaintiffs to recover the value of their insurer’s subrogation claim, when the insurer lost at arbitration. “In the present case, the arbitration panel found (and the insurers agreed) that the defendant was not causally negligent, and in the context of that finding the tortfeasor did not have to ...

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