Mariani v. Oklahoma ex rel. Oklahoma State Univ.

The question this case presented for the Supreme Court's review was whether certain provisions of The Governmental Tort Claims Act (GTCA), specifically 51 O.S. 2011 sections 158(E) & 162(D), permitted the State of Oklahoma or a political subdivision to set off from liability amounts previously paid to a GTCA tort claimant from the claimant's own insurer, thereby abrogating the collateral source rule for claims arising under the GTCA with respect to these insurance benefits. Plaintiff-appellee Carolyn Mariani was injured when her vehicle was struck by a tractor-trailer operated by an employee of defendant-appellant Oklahoma ex rel. Oklahoma State University. Mariani filed suit under the GTCA, alleging the driver's negligence, that the driver was an employee of the State of Oklahoma, and that the employee was acting within the scope of his employment when the negligent acts occurred. Mariani admitted that her insurer, AAA, had compensated her in underinsured/uninsured (UM) motorist benefits and medical payment coverage. The State moved for an interlocutory order ruling it had the right to set off Mariani's insurance receipts from its total liability pursuant to 51 O.S. 2011 sections 158(E) & 162(D). Mariani objected, and the trial court issued an interlocutory order denying the State's motion for the right to a setoff. The trial court certified its order for immediate review and the State filed a Petition for Certiorari. The Supreme Court denied the State's petition to review the interlocutory order. At trial, the State once again asserted it was entitled to a setoff of Mariani's insurance benefits pursuant to the GTCA. The State renewed its motion for a setoff at the conclusion of evidence, but the trial court denied the State's renewed motion. The Supreme Court, after review, affirmed the trial court: "[a]n interpretation that Sections 158(E) and 162(D) serve to abrogate the collateral source rule for claims under the GTCA, allowing the State to set off collateral source benefits received by claimants from those claimants' own insurers, punishes those claimants for their foresight in procuring coverage. Such an interpretation is also contrary to the plain meaning of the sections when read in their entirety and in the context of the GTCA itself. We will not carve out an exception to the collateral source rule where the plain and clear language of the law does not provide for one." View "Mariani v. Oklahoma ex rel. Oklahoma State Univ." on Justia Law