Fischer, Sr, et al. v. Steffen, et al.

Plaintiffs, injured in an automobile accident, sought $10,000 from defendant, the driver, the amount received by plaintiffs from plaintiffs' insurer. At issue was whether the circuit court erred in denying plaintiffs a judgment of $10,000 against defendant when defendant did not pay plaintiffs' insurer $10,000, a sum that represented the insurer's subrogation claim. The court concluded that the collateral source rule did not, under the facts of the case, entitle plaintiffs to recover $10,000 when the case was indistinguishable from Paulson v. Allstate. Ins. where the Paulson court determined that the injured party's recovery from the tortfeasor was not affected by the subrogated insurer's settlement of its subrogation claim with the tortfeasor.