Brus v. Goodell

Plaintiff was injured in a motor vehicle accident with defendant Goodell (defendant). The jury awarded plaintiff damages in the ensuing negligence action, and judgment was entered. Defendant then moved, pursuant to ORS 18.510(2) and (3), to reduce the judgment by the amount of PIP benefits that plaintiffs insurer had paid her and for which defendant’s insurer agreed to reimburse plaintiffs insurer. The trial court denied the motion. Defendant appeals, and we affirm.

Plaintiff argues that the judgment should not be reduced, because it can be affirmatively determined from the record in the…