Thursday, February 10, 2011

First Department Agrees With Third Department On Collateral Source Issue

In Adams v. Genie Indus., Inc., at issue was whether the defendants were entitled to collateral source offsets for future Social Security disability benefits and Social Security benefits received by the plaintiffs' daughter.  The trial court granted an offset of $608,559.08 for SSD benefits and $24,000 for Social Security benefits for the plaintiff's daughter.  The First Department, however, reversed holding that the defendants failed to prove with reasonable certainty that SSD benefits would continue because the jury found that the plaintiff would be able to return to work.  Furthermore, the Court followed the Third Department (Young v. Knickerbocker Arena, 281 A.D.2d 761 [3rd Dept. 2001]) in holding that Social Security benefits for a child are not collateral sources because these benefits belong to the child and not the plaintiff. 

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