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Engle v. Estate of Fischer1/28/2003
02), in support of her position. Minn. Stat. § 548.36, subds. 2, 3, provides as follows:
Subd. 2. Motion. In a civil action, whether based on contract or tort, when liability is admitted or is determined by the trier of fact, and when damages include an award to compensate the plaintiff for losses available to the date of the verdict by collateral sources, a party may file a motion within ten days of the date of entry of the verdict requesting determination of collateral sources. If the motion is filed, the parties shall submit written evidence of, and the court shall determine:
(1) the amounts of collateral sources that have been paid for the benefit of the plaintiff *á*á*; and
(2) amounts that have been paid, *á*á*, or on behalf of, the plaintiff or members of the plaintiff's immediate family for the two-year period immediately before the accrual of the action to secure the right to a collateral source benefit that the plaintiff is receiving as a result of losses.
Subd. 3. Duties of the court. (a) The court shall reduce the award by the amounts determined under subdivision 2, clause (1), and offset any reduction in the award by the amounts determined under subdivision 2, clause (2).
(b) If the court cannot determine the amounts specified in paragraph (a) from the written evidence submitted, the court may within ten days request additional written evidence or schedule a conference with the parties to obtain further evidence.
Engle contends that the trial court has a mandatory duty to reduce the collateral-source payment by the amounts paid, without regard to the timing of the request. Here, the trial court filed its first findings of fact, conclusions of law, and order for judgment on December 18, 2001. That order addressed the collateral source offset to the verdict, specifically including the component of $8,190.50 for the no-fault benefits Engle received. Engle agreed to that figure at the time. It was not until January 28, 2002, that Engle filed an affidavit requesting the reduction of $2,488 pursuant to Minn. Stat. §á548.36, subd. 2(2). The trial court denied the request on the ground that it was an improper motion for reconsideration and because it was based on evidence not contained in the record. The filing of a trial court's order directing entry of judgment triggers the time for filing a motion requesting a determination of payments from collateral sources, including no-fault benefits. Wertish v. Salvhus, 558 N.W.2d 258, 258 (Minn. 1997). The court's ruling is supported by the statute.
Affirmed.
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