Dziwura v. Broda

Bernes, Judge.

A jury awarded Mindy Broda monetary damages in her personal injury lawsuit against Joan Dziwura stemming from a motor vehicle accident. Dziwura moved to set-off the jury’s verdict by the amount of of a settlement agreement entered into between Broda and Dziwura’s alleged employer prior to the entry of the verdict, which the trial court denied. Dziwura appeals, arguing that the trial court erred as a matter of law by denying her motion to set-off. For the reasons that follow, we agree and reverse.

Viewed in the light most favorable to the verdict, on or around November 16, 2004,…