Robert Crotty, et al. v. Mark Flora, M.D. (Concur in Part and Dissent in Part)

This interlocutory appeal involves two pretrial orders. I concur with the holding
and analysis of the majority as to the first pretrial order involving Rule 8.03 and George v.
Alexander, 931 S.W.2d 517 (Tenn. 1996). However, I respectfully dissent from the
majority’s holding and analysis as to the second pretrial order involving Tennessee Code
Annotated section 29-26-119 and the collateral source rule. This issue requires the Court
to interpret the meaning of section 29-26-119. I would hold that, when section 29-26-119
governs damages in a health care liability action, the statute’s clear language contemplates
only “actual economic losses suffered . . . paid or payable,” thereby abrogating the
collateral source rule. Thus, I would reverse the trial court’s pretrial order.