What is the collateral source rule for damages against a public entity?

California, United States of America


The following excerpt is from City of Salinas v. Souza & McCue Const. Co., 424 P.2d 921, 57 Cal.Rptr. 337, 66 Cal.2d 217 (Cal. 1967):

It is manifest that a public entity normally does not act or make its functional decisions through the whole body of those who may be deemed to compose it. Rather it necessarily acts in the performance of its various functions through public officials and representatives who have no greater proprietary interest in the entity than does any citizen or taxpayer. Should the conduct of such official or representative cause damage to those with whom they are dealing the general rule has been that the public entity would incur no liability, under the doctrine of governmental immunity. Although [66 Cal.2d 228] many statutory and other inroads on this doctrine have been made (see Muskopf v. Corning Hospital Dist. (1961) 55 Cal.2d 211, 216--218, 11 Cal.Rptr. 89, 359 P.2d 457), the levying of punitive damages against a public entity has not been authorized. 1 To do so would impose an unjust burden upon the innocent taxpayer without directly penalizing the wrongdoer. The punitive purpose would thus be frustrated. We have seen that the collateral source rule is punitive in nature (United Protective Workers v. Ford

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