Moody v. Dorsett

DAVIS, Chief Judge.

This case arises out of an automobile accident in which Gregory Dorsett was *1183injured and Mae Rose Moody was determined to be negligent. Following trial, the jury returned a verdict against Ms. Moody in the amount of $11,237.86 for Mr. Dor-sett’s personal injuries. Prior to trial Mr. Dorsett’s insurance carrier paid him $5484.96 in personal injury protection (PIP) coverage proceeds. On appeal, Ms. Moody challenges the trial court’s denial of her request to apply this amount as a setoff to the jury’s verdict. For the reasons set forth below, we reverse and remand.

During the…