law-collateral-source-doctrine |

The common law collateral source rule "bars a wrongdoer from offsetting his liability by insurance benefits
independently procured by the injured party." Mid-Century Ins. Co. v. Kidd, 997 S.W.2d 265, 274 & n. 48
(Tex. 1999) (citing Brown v. American Transfer & Storage Co., 601 S.W.2d 931, 934-36 (Tex. 1980) (holding
that a wrongdoer cannot receive credit for insurance independently procured by the injured party)). It is said
to be a rule both of evidence and of damages. Taylor v. American Fabritech, Inc., 132 S.W.3d 613, 626
(Tex.App.-Houston [14th Dist.] 2004, pet. denied).

Under the collateral source rule, a wrongdoer cannot benefit from insurance independently procured by the
injured party and to which the wrongdoer was not privy. Brown, 601 S.W.2d at 936; Tex. & Pac. Ry. v. Levi &
Bro., 59 Tex. 674 (1883); Taylor v. Am. Fabritech, Inc., 132 S.W.3d 613, 626 (Tex. App.-Houston [14th Dist.]
2004, pet. denied). The right to an offset is an affirmative defense. Brown, 601 S.W.2d at 936; Superior
Trucks, Inc. v. Allen, 664 S.W.2d 136, 149 (Tex. App.-Houston [1st Dist.] 1983, writ ref'd n.r.e.). The party
asserting offset has the burden of pleading offset and of proving facts necessary to support it. Brown, 601
S.W.2d at 936; Allen, 664 S.W.2d at 149.
Bejjani v. TRC SERVICES, INC., Tex: Court of Appeals, 14-08-00750-CV.14th Dist., Houston November 19,
2009.


Hill v. Consolidated Concepts  (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Fowler)
(workplace safety, fall from roof, negligence,
gross negligence, admission of evidence, collateral source
doctrine, improper jury argument)
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Frost)
14-05-00345-CV John Earnest Hill Jr.; John Anthony Hill, Matthew David Hill, and Gracie Love Hill, Minor
Children by and through next friend John Earnest Hill. Jr.; and Christina Hill, Wife of John Earnest Hill, Jr., v.
Consolidated Concepts Inc.
Appeal from 165th District Court of Harris County (
Judge Elizabeth Ray)



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