After trial without a jury we found plaintiff’s right to recovery was limited by section 8553(d) of the Political Subdivision
The facts are not in dispute.
(d) Insurance Benefits — If a claimant receives or is entitled to receive benefits under a policy of insurance other than a fife insurance policy as a result of losses for which damages are recoverable under subsection (c), the amount of such benefits shall be deducted from the amount of damages which would otherwise be recoverable by such claimant.
Plaintiff-insurance company was the automobile collision carrier for Dr. Charles M. Baney. On August 21, 1971, he was involved in an automobile accident with defendant’s employee, Russell Hartman. The accident was caused solely by Hartman’s negligence imputed to defendant, the Borough of Hamburg, under the doctrine of respondeat superior. The Baney vehicle was damaged in the amount of $3,958.69 of which $3,758.69 was paid by plaintiff in discharge of its obligation under the insurance policy. Dr. Baney was also paid $200 by defendant. However, the borough refused to pay plaintiff on its subrogation claim because of the limitation language on damages set forth in section 8553(d) of the Political Subdivision Tort Claim Act. The borough reasoned that since Baney received insurance benefits in the amount of $3,758.69 that amount is deducted from that which
In 1973, the Supreme Court of Pennsylvania abrogated the judicially created doctrine of Governmental Immunity in Ayala v. Philadelphia Board of Public Education.
Defendant, the Borough of Hamburg, argues that section 8553(d) prohibits application of the collateral source rule in claims for damages otherwise recoverable under the act. The collateral source rule which is generally followed in Pennsylvania prohibits a wrongdoer from claiming a credit against damages for monies received by an injured claimant from another source such as insurance proceeds. To put it another way, the victim of a tort under the rule is entitled to recover from his tortfeasor the full amount of his damages regardless of what he received from another source.
Plaintiff, on the other hand, argues that the legislature did not intend a blanket prohibition of the collateral source rule. According to Aetna, the aim
In Carroll v. County of York,
Being satisfied that the act is constitutional and that limitations on recovery are permissible, we turn to the disputed language of the act. We find the wording of section 8553(d) to be clear and as such the Statutory Construction Act of 1972 requires that we not disregard the letter of the law under the pretext of pursuing its spirit.
Under the clear language of section 8553(d) of the act, the amount of insurance benefits paid to
In In Re: McGrath’s Estate,
Subrogation is an equitable doctrine and must depend upon inherent justice and some principle of equity jurisprudence, usually unjust enrichment. It cannot, therefore, be allowed where it would be contrary to public policy, or where it accomplishes by indirection that which a statute forbids to be
Perhaps the legislature only intended to prohibit double recovery. Perhaps that would be the fairer result. It is not our function, however, to engage in such speculation. The language is clear and we must apply it to the facts. If the legislature meant something different, it would have said so. We will not, and cannot, second guess the legislature.
For all these reasons we conclude that plaintiff’s exceptions are without merit and its motion for a new trial must be denied.
ORDER
June 24, 1982, based on the foregoing, plaintiff’s exceptions to the amended decree and order of January 4, 1982, are dismissed and its motion for a new trial is denied.
. Act of November 26, 1978 § 101 et seq., formerly 53 P.S. §5311.101 et seq. (Supp. 1981) presently 42 Pa.C.S.A. §8541 et seq.
. The parties agreed to the facts by written stipulation filed March 9, 1981.
. 453 Pa. 584, 305 A. 2d 877 (1973).
. See, 42 Pa.C.S.A. §8542(b) for the eight exceptions to immunity.
. See, Feeley v. U.S., 337 Fed. 2d 924 (3rd Cir. 1964); Topelski v. Universal Southside Autos Inc., 407 Pa. 339, 180 A. 2d 414 (1962); Restatement of Torts 2d, §920(a) (1979).
. 496 Pa. 363, 437 A. 2d 394 (1981).
. See, 1 Pa.C.S.A. §1921; also, Commonwealth v. Duncan, 279 Pa. Superior Ct. 395, 421 A. 2d 257 (1980).
. See, Dominski v. Garrett, 276 Pa. Superior Ct. 18, 419 A. 2d 73 (1980).
. 159 Pa. Superior Ct. 78, 46 A. 2d 735 (1946).
