Gibbs v. Armovit

Plaintiffs appeal as of right from the denial of their motion for enforcement of garnishment against garnishee defendant. We affirm.

In September of 1986, following a jury trial, plaintiffs were awarded a total of $380,000 in damages for a malpractice claim against defendant Herminio Armovit, M.D. Plaintiffs had alleged that Dr. Armovit was negligent in prescribing diet pills to plaintiff Betty Gibbs from 1964 to 1984. Thereafter, garnishee defendant, The Medical Protective Company of Fort Wayne, Indiana, paid plaintiffs $200,000, plus costs and interest, pursuant to a medical malpractice…