Estate of Rattenni Ex Rel. Rattenni v. Grainger

Gregory, Chief Justice:

This appeal is from an order denying the set-off of under-insurance proceeds against the jury’s damages verdict. We affirm.

Nancy Rattenni died as a result of injuries she received in an automobile accident caused by appellant Grainger while he was driving under the influence of alcohol. Respondent Rattenni’s estate brought a wrongful death action against Grainger. Several months prior to trial, Mrs. Rattenni’s underinsurance carrier voluntarily paid the underinsurance policy’s limits of $300,000.00 to her estate and waived its right to subrogation. Immediately prior to…