MARIANI v. STATE ex rel. OKLAHOMA STATE UNIVERSITY, 2015 OK 13

Carolyn Mariani was injured in a 2011 motor-vehicle collision with a State employee; she sued under the Governmental Tort Claims Act (GTCA).
Mariani's insurer (AAA) paid her $100,000 in UM benefits and $25,000 in medical payments; AAA waived subrogation.
The State stipulated employee scope-of-employment and that it had no applicable liability insurance covering the accident; statutory GTCA caps applied (trial court capped recovery at $175,000).
The State sought a setoff at trial for the $125,000 Mariani had already received from her own insurance, relying on 51 O.S. §§ 158(E) and 162(D).
The trial court denied the setoff and entered judgment for Mariani for $175,000; the State appealed the setoff issue to the Oklahoma Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 51 O.S. §§ 158(E) and 162(D) permit the State to set off amounts paid to the claimant by the claimant's own insurer (UM/medical payments) from the State's GTCA liability	Mariani: statutes do not abrogate the collateral source rule; the provisions apply to insurance covering the State, not the claimant's private insurance	State: the language exempts the State from liability for payments made through any "applicable contract or policy of insurance," so it should get a setoff for claimant's UM and medical benefits	The Court held the statutes refer to insurance applicable to the State (or its employee), not the claimant's private UM/medical benefits; the collateral source rule stands and the State is not entitled to the sought setoff

Blythe v. University of Oklahoma, 82 P.3d 1021 (2003 OK 115) (recognizing collateral source rule application)
Denco Bus Lines, Inc. v. Hargis, 229 P.2d 560 (1951) (payments from plaintiff's own insurance do not reduce defendant's liability)
Overturff v. Hart, 531 P.2d 1035 (1975 OK 13) (insurer procured by defendant is not a collateral source)
Salazar Roofing & Construction, Inc. v. City of Oklahoma City, 249 P.3d 950 (2010 OK 34) (GTCA does not bar claimant from recovering despite collateral-source payments)
Vanderpool v. State, 672 P.2d 1153 (1983 OK 82) (abrogation of governmental immunity and legislative response leading to GTCA)