CIMINSKI v. SCI CORPORATION

No. 45070.

90 Wn.2d 802 (1978)

585 P.2d 1182

HELEN B. CIMINSKI, Respondent, v. SCI CORPORATION, Appellant.

The Supreme Court of Washington, En Banc.

November 2, 1978.


Attorney(s) appearing for the Case

James R. Hermsen and Frederick M. Meyers (of Karr, Tuttle, Koch, Campbell, Mawer & Morrow, P.S.), for appellant.

Sterbick, Lumsden & Sterbick, by Michael J. Sterbick and Gregory C. Abel, for respondent.

Steven F. Fitzer on behalf of Washington Association of Defense Counsel and Daniel F. Sullivan and Donovan R. Flora on behalf of Washington State Trial Lawyers Association, amici curiae.


HICKS, J.

The question of whether Part A Medicare payments made to an eligible recipient are payments from a collateral source is one of first impression in this state. Consequently, we are free to adopt that solution which appears most sensible and equitable, and we hold that such payments are from a collateral source.

Respondent, a 73-year-old widow, fell in appellant's restaurant and sustained severe hip injuries. The facts are set forth with some particularity...

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