Levine v. Wyatt

Carley, Judge.

Plaintiff-appellant was involved in an automobile collision with defendant-appellee Wyatt. Appellant collected from her no-fault carrier $5,000 in basic statutory no-fault benefits under Code Ann. § 56-3403b and an additional $5,000 in optional no-fault benefits under Code Ann. § 56-3404b. Subsequently appellant instituted the instant action to recover for damages sustained in the collision. The issue created by appellant’s recovery of no-fault benefits was ostensibly resolved in a pretrial conference in which the parties stipulated “that the Court would write off from any…