Hickenbottom v. Schmidt

PIERCE, Judge.

In this personal injury action, plaintiff, Wanda Hickenbottom, appeals from an amended judgment in favor of defendant, Charles E. Schmidt. We reverse.

After a trial to the jury, plaintiff’s damages due to defendant’s negligence were calculated to be $10,000. After deducting the percentage of plaintiff’s comparative negligence from the total amount of damages, the trial court entered judgment in favor of plaintiff for $7,500. However, because plaintiff had received $9,802.35 in personal injury protection (P.I.P.) benefits for medical expenses and loss of income, the court amended…