The court prohibited cross-examination on a plaintiff's total accident benefits settlement but allowed questions on specific pleaded components.
This mid-trial ruling addressed the defendants' intention to cross-examine the plaintiff and her property guardian on the total amount of an accident benefits settlement in a tort action.
The court denied permission to inquire about the total settlement amount, finding its prejudicial effect outweighed its probative value, especially given the plaintiff's mild brain injury.
However, the court allowed cross-examination on specific components of the settlement (caregiver, attendant care, and housekeeping/home maintenance expenses) that were expressly pleaded and denied, deeming these relevant to the mitigation defence.
The ruling clarified that collateral benefits are deducted by the trial judge as a matter of law after the jury's verdict.
SCJSuperior Court of JusticeJul 12, 2019
