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HEINE v. ALLEN MEMORIAL HOSP. CORP.6/19/1996
osses incurred by reason of the personal injury to the extent that the economic losses are replaced or indemnified by insurance or other sources. Although the statute uses broad language to bar application of the collateral source rule as to recovery of economic losses as damages in a personal injury action, we do not interpret the statutory language to bar or limit recovery of a tortfeasor in a contribution action against an alleged joint tortfeasor. We do not find the literal import of the statutory text is inconsistent with the legislative intent or that a literal interpretation leads to an absurd result
In a similar situation a federal court was required to apply a New York statute that generally forbids the recovery of damages that an injured person had recovered or would recover from collateral sources in certain malpractice and tort actions. See Staffer v. Bouchard Transp. Co., 878 F.2d 638, 645 (2d Cir. 1989). The court held a third-party plaintiff who brought a contribution action against a physician would not be subject to the state statute. Id. The court recognized the third-party plaintiff claim was not a personal injury or a malpractice action. Id. Although the theory of contribution "encompasses an assertion of malpractice" the court held the nature of the action is contribution. Id.
It was error for the district court to conclude section 147.136 covers a contribution action as well as an underlying malpractice action. We find as a matter of law section 147.136 does not bar or limit Wedemeier's contribution claim against the defendants Cammoun and Associates. We reverse the court's ruling and remand for further proceeding
REVERSED AND REMANDED.
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