Brockhaus v. Lambert

FACTUAL AND PROCEDURAL BACKGROUND

Appellant, Amy J. Brockhaus, was injured in a two-automobile accident with appellee, Mark R. Lambert. Brockhaus sued Lambert and was awarded a judgment of $104,500. Lambert then filed a “Motion for Determination of Setoff/Credit,” alleging that the sum of $5,000 had already been paid to Brockhaus by Lambert’s insurer, Allied Mutual Insurance Company (Allied Mutual), and asking that this sum be credited against the judgment.

Christopher Heinrich, a litigation specialist for Allied Mutual, averred in an affidavit that Brockhaus had been compensated for medical…