Legal Opinion

Kahnke v. Green

Court of Appeals of Minnesota

Decided April 26, 2005No. A04-1569PublishedCited by 1 opinion

1Opinion of the Court

OPINION

HALBROOKS, Judge.

The district court reduced appellant’s jury award pursuant to the collateral-source provisions of Minn.Stat. § 548.36 (2004). The district court included payments made to appellant by her healthcare insurer in its collateral-source reduction, based on its determination that the insurer did not properly assert its subro-gation rights. Because we conclude that the insurer’s subrogation rights were reasonably and timely asserted, we reverse and remand for recalculation of the award.

FACTS

In May 2001, appellant Carol E. Kahnke was involved in an automobile accident with…

2Cases cited11 opinions

  1. Aronovitch v. LevySupreme Court of Minnesota · 1953
  2. Imlay v. City of Lake CrystalSupreme Court of Minnesota · 1990
  3. Anderson v. Graham Investment Co.Supreme Court of Minnesota · 1978
  4. Jindra v. Diederich FlooringWisconsin Supreme Court · 1994
  5. Ward v. ShermanSupreme Court of the United States · 1904

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3Cited by1 opinion

  1. Graff v. ROBERT M. SWENDRA AGENCY, INC.Court of Appeals of Minnesota · 2009

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