Maldonado v. Haney

OPINION

WALTERS, Judge.

Plaintiff was awarded a $3,000 jury verdict for injuries and pain and suffering. From that amount, the trial court entered judgment in favor of the plaintiff in intervention (plaintiff’s insurer Allstate), in the sum of $717.60 as its subrogated claim for expenses paid to or on plaintiff’s behalf.

Plaintiff appeals the action of the trial court, contending that there was no proof offered by Intervenor on the amount claimed; therefore, the court had no authority to reduce her jury award by the amount of Intervenor’s claim.

Under ordinary circumstances we would be inclined…