Buchman v. Wayne Trace Local School Dist. Bd. of Edn.

Citations

• 1995 Ohio 136
• 73 Ohio St. 3d 260

Syllabus

Political subdivisions—Torts—Limitations on damages—Social Security and Medicare benefits are collateral source benefits contemplated by R.C. 2744.05(B)—Future collateral benefits deductible from jury's verdict against a political subdivision, when—R.C. 2744.05(B) is constitutional—Burden is on political subdivision to prove extent to which it is entitled to an effset under R.C. 2744.05(B)—Political subdivision has right to discover collateral benefits at any time during pendency of an action against it, irrespective of admissibility issue—Political subdivision not denied all rights of setoff pursuant to R.C. 2744.05(B) for future Medicare Part A benefits on basis it failed to quantify exact amount of damages allocated by jury to future hospitalizations expenses, when.