Wills v. Foster

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the collateral source rule bars evidence that a plaintiff’s losses have been compensated by insurance, even to establish reasonable value of medical services
• finding that where the plaintiff was entitled to seek and recover the reasonable value of her medical expenses, her recovery was not limited by the amount paid by insurance
• noting that “The legislature has modified the collateral source rule in section 2-1205 and 2-1205.1 of the Code of Civil Procedure,” which were not at issue in Willis.
• finding that where the plaintiff was entitled to seek and recover the reasonable value of her medical expenses, - 4 - her recovery was not limited by the amount paid by insurance
• benefit of the bargain approach “undermines the collateral source rule by using the plaintiff s relationship with a third party to measure the tortfeasor’s liability”
• “A benefit that is directed to the injured party should not be shifted so as to become a windfall for the tortfeasor.”

Source: CourtListener parenthetical corpus (CC0).