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Senate panel moves to restore pre-Gardner evidence rule after hours-long debate over medical liens and jury information
Summary
After hours of testimony for and against, the committee advanced a first-substitute of SB 211 to restore pre-Gardner collateral-source evidentiary rules; backers say it restores predictability and access to care, opponents say it creates a windfall and may raise premiums.
SALT LAKE CITY — The Senate Judiciary Committee voted Jan. 27 to recommend a first substitute for SB 211, a bill intended to restore Utah’s collateral-source evidence practice to its status before the Utah Supreme Court’s October Gardner v. Norman decision. The committee’s vote was 7–1 after a three-hour hearing in which doctors, trial lawyers, insurers, municipalities and business groups debated whether the change restores predictability or creates hidden windfalls.
Sponsor Sen. Curt Cullimore told the committee the bill's purpose is to "set the status quo back" to pre-Gardner practice, so juries consider "amounts actually…
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