08-29-08 Dmitriy Kotler v. National Railroad Passenger Corp.
A-5985-06T2
In a personal injury suit brought by a railroad employee
under the Federal Employers' Liability Act (FELA), a plaintiff's
receipt of collateral source benefits is inadmissible unless
plaintiff "opens the door" on direct examination by referring to
such benefits in a manner affecting his/her credibility. We
conclude that plaintiff did not "open the door" to the admission
of such evidence. Therefore, defense counsel's elicitation of
collateral source benefits evidence on cross-examination of
plaintiff and comments on that evidence in summation constitute
grounds for reversal of the no-cause verdict.
