Brumley v. Federal Barge Lines, Inc

In Brumley v. Federal Barge Lines, Inc., 396 N.E.2d 1333, 78 Ill. App. 3d 799, 33 Ill. Dec. 609 (1979), a Jones Act case indistinguishable from a FELA case, the defendant sought to introduce evidence of retirement benefits to demonstrate the employee's motivation to retire at age 65. The Illinois Court of Appeals affirmed the decision of the trial court to exclude such evidence pursuant to the collateral source rule. Defendant does not dispute the validity of this rule but argues that evidence of retirement and pension benefits were admissible for the limited purpose of demonstrating Brumley's motivation to retire at the age of 65. We disagree. The United States Supreme Court opinions in Tipton v. Socony Mobil Oil Co., Inc. and Eichel v. New York Central R.R. Co., we believe, reflect a strong policy against the admissibility of this kind of collateral source evidence in F.E.L.A. and Jones Act cases. ... In Eichel, a F.E.L.A. case, the Supreme Court held that the trial court properly excluded evidence of disability benefits received by plaintiff under the Railroad Retirement Act. Defendant had argued that the disability benefits, though inadmissible to offset or mitigate damages, were admissible to show plaintiff's motive for not returning to work and the extent and duration of the disability. (396 N.E.2d at 1339.) The Illinois Court of Appeals had no difficulty in equating both social security or other retirement benefits with disability benefits and in excluding them all. The same policy considerations that warrant the exclusion of disability benefits apply equally to the present controversy. The possibility of prejudice resulting from the admission of social security and retirement benefits is readily apparent. The jury could easily confuse the purpose for which such evidence was admitted. Furthermore, the fact that the Jones Act creates a federal cause of action suggests that the application of the collateral source rule, normally a question of state law, is in the present context a matter of federal law. Accordingly, the broadly based federal policy expressed in Eichel and Tipton precluding the admission of collateral benefits in Jones Act and F.E.L.A. cases is controlling. (Id. at 1340.)