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TUTTLE v. WAYMENT FARMS6/17/1997
collateral source is defined as compensation from a source wholly independent of the tortfeasor, BLACK'S LAW DICTIONARY, 262 (6th ed. 1990), for example, sickness or health insurance or worker's compensation insurance payments. A settlement by a party such as Wes's Inc. in this case, against whom a tort action has been brought in good faith and not just for the purpose of avoiding application of I.C. Section 6-1606, is outside of the definition of collateral source and thus, an improper basis for an offset in favor of Wayment Farms. We hold, therefore, that the operation of I.C. Section 6-1606 to allow a reduction of Tuttle's award was not triggered, and we reverse the offset granted by the district court to Wayment Farms.
III. Costs Awarded to Sudenga Industries, Inc.
Tuttle argues that the district court erred in granting Sudenga Industries' motion for payment of its cost award from the funds paid into the district court by Wayment Farms in satisfaction of the judgment in favor of Tuttle. There was no contest of the award itself in the district court, and no issue is raised on appeal concerning the jury's finding of 0% negligence on the part of Sudenga Industries. We find meritless Tuttle's argument that the funds made payable to him by Wayment Farms in satisfaction of the judgment could not be used to satisfy the cost award to Sudenga Industries. We conclude that pursuit of this appeal with regard to Sudenga Industries was frivolous and without foundation, and we award attorney fees on appeal to Sudenga Industries under I.C. Section 12-121, together with its costs.
As to the balance of the appeal, this Court is not left with the abiding belief that it was brought, pursued or defended frivolously or without foundation. We decline to award attorney fees to either party under I.C. Section 12-121, but we award costs to Tuttle as against the respondent, Wayment Farms, Inc.
Judges LANSING and PERRY, CONCUR.
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