MARIANI v. STATE ex rel. OKLAHOMA STATE UNIVERSITY
348 P.3d 194
| Okla. | 2015Background
- Mariani sustained injuries from a State employee driving a State vehicle; GTCA governs her claim.
- Mariani received UM benefits of $100,000 and medical payments of $25,000 from her insurer AAA.
- State sought a setoff under 51 O.S. 2011 §§ 158(E) & 162(D) reducing its GTCA liability; trial court denied.
- Trial proceeded non-jury; Mariani proved $175,000 in damages; State appealed the setoff issue.
- Court held §§ 158(E) & 162(D) do not abrogate the collateral source rule for GTCA claims; judgment for Mariani affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do GTCA §§ 158(E) and 162(D) abrogate collateral source rule for GTCA claims against the State? | Mariani argues no setoff; collateral source rule remains. | State argues setoff allowed against liability under GTCA. | No abrogation; collateral source rule applies. |
| Should the State be allowed a setoff for amounts paid by the claimant’s insurer under GTCA? | Mariani contends no setoff for insurer payments. | State contends statute permits setoff. | Setoff not permitted. |
| Is §158(E) read unambiguously to avoid collateral source abrogation in GTCA claims? | Mariani: language does not permit abrogation. | State: language permits setoff. | Statutory language not read to abrogate collateral source rule. |
Key Cases Cited
- Weatherly v. Flournoy, 929 P.2d 296 (Okla. Civ. App. 1996) (collateral source rule applied to UM benefits against tortfeasor)
- Blythe v. University of Oklahoma, 82 P.3d 1021 (2003 OK 115) (collateral source rule; no credit for health-insurance benefits)
- Salazar Roofing & Construction, Inc. v. City of Oklahoma City, 249 P.3d 950 (2010 OK 34) (collateral source rule; first-party GTCA context)
- Maule v. Independent School Dist. No. 9 of Tulsa County, 714 P.2d 198 (1985 OK 110) (legislative intent and gaps filled by implication)
- Overturf v. Hart, 531 P.2d 1035 (Okla. 1975) (insurer-funded payments not collateral source when funded by defendant)
- Groseclose v. City of Tulsa, 990 P.2d 828 (1998 OK 112) (GTCA framework; indemnification context)
- Vanderpool v. State, 714 P.2d 198 (1985 OK 110) (sovereign immunity and GTCA waiver)
- Estrada v. Port City Properties, Inc., 256 P.3d 69 (2011 OK 50) (statutory interpretation guidance)