O Hern v. Prankratz

¶1 Following a jury trial, the District Court, First Judicial District, Broadwater County, entered an order concluding that previous payments by Robert and Melanie Pankratz's insurer should be credited against the judgment. Karen and Doug O'Hern appeal and present the following question.

¶2 Did the District Court err in determining that medical payments made by the defendants' insurer prior to trial should be credited as voluntary payments Npursuant to § 26-1-706, MCA, against the judgment entered against the defendants?

¶3 We reverse.

BACKGROUND

¶4 On November 8,1997, plaintiff Karen O'Hern fell…