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Pendleton v. Aguilar5/19/2005
FOR PUBLICATION
STATEMENT OF THE CASE
Appellant-Plaintiff, Julian Pendleton (Pendleton), appeals the trial court's Order granting Appellees'-Defendants', Manuel Aguilar and National Transportation Corporation (collectively, Aguilar), Motion for Set-off for workers' compensation benefits. On cross-appeal, Aguilar appeals the trial court's Order denying his Motion to Correct Error.
We reverse, in part, and remand, in part.
ISSUES
Pendleton raises three issues on appeal, which we consolidate and restate as the following two issues:
(1)Whether the trial court erred in entering a post-verdict set-off of collateral source reimbursement where evidence of the collateral source reimbursement was presented to a jury and the jury was instructed on non-duplication of recovery; and
(2)Whether the trial court violated the provision of the Illinois Guaranty Fund by entering a post-verdict set-off of collateral source reimbursements.
On cross-appeal, Aguilar raises three issues, which we consolidate and restate as the following two issues:
(1) Whether the trial court erred in denying Aguilar's Motion to Correct Error requesting a new trial pursuant to Indiana Trial Rule 59(J); and
(2) Whether the trial court erred in denying the introduction of the collateral source reimbursement made to Pendleton by his employer's uninsured motorist carrier.
FACTS AND PROCEDURAL HISTORY
On April 30, 1999, Pendleton, a Florida resident, was involved in a truck accident when the tractor trailer he was operating was struck from the rear on westbound I-80 near Hammond, Indiana, by Aguilar, an Illinois resident. At the time, Pendleton was employed by Timely Transport; Aguilar was working for National Transportation Corporation. As a result of this accident, Pendleton suffered a nerve-impinging disc herniation and has been unable to return to work.
On February 1, 2001, Pendleton filed a complaint for damages against Aguilar and National Transportation Corporation. During the pendency of the action, the Commonwealth Court of Pennsylvania declared National Transportation Corporation's insurance carrier, Reliance Insurance Company (Reliance), insolvent. The Pennsylvania Court ordered the appointed liquidator to make arrangements for payment of claims against the insolvent Reliance through the appropriate insurance guaranty funds.
On September 8, 2003, Aguilar filed his Motion to Enforce the Non-Duplication of Recovery Provisions of the Illinois Insurance Guaranty Act (Illinois Act), requesting the trial court to determine the amount of the set-offs which would apply pursuant to the Illinois Act as well as to rule on the admissibility of evidence of collateral source payments made to Pendleton under the Indiana Collateral Source Rule. On October 9, 2003, after receiving Pendleton's Response, the trial court held a hearing on Aguilar's motion. Thereafter, on October 29, 2003, the trial court ordered, in pertinent part,
1. This case is against a trucking company and its driver, not a guaranty fund; consequently, issues of insurance priority and set-off are not now properly before this court.
2. Until a judgment is obtained, the issue of set-off is not ripe for decision by this court.
3. Any rulings on set-off will be issued by this court after a judgment is obtained and after a hearing is held post-judgment to address the set-off issue.
4. The admissibility of collateral source payment evidence shall be decided by this court during the course of trial pursuant to the Collateral Source Rule which is codifi
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