Legal Opinion

Maziarski v. Bair

Court of Appeals of Washington

Decided October 18, 1996No. 18828-7-IIPublishedCited by 10 opinions

1Opinion of the CourtMorgan, J.

In this personal injury action, the plaintiffs recovered a jury verdict for $8,653. The defendant then sought an offset for pretrial Personal Injury Protection (PIP) payments in the amount of $7,753. The trial court entered judgment on the jury’s verdict, but also granted the requested offset. The plaintiffs now appeal the order granting the offset. We reverse that order due to defendant’s failure to carry her burden of proof. .

On May 14, 1992, Jeffrey Maziarski, Jr., a minor, was struck by a car while riding his bicycle. The car was driven by Edna Bair.

At the time of the accident, Bair was…

2Cases cited29 opinions

  1. Washburn v. Beatt Equipment Co.Washington Supreme Court · 1992
  2. Roller v. Stonewall InsuranceWashington Supreme Court · 1990
  3. Thiringer v. American Motors InsuranceWashington Supreme Court · 1978
  4. Severson v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1953
  5. Keenan v. INDUSTRIAL INDEMNITY INS. CO. OF NORTHWESTWashington Supreme Court · 1987

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3Cited by10 opinions

  1. Harper v. Wausau InsuranceCalifornia Court of Appeal · 1997
  2. Matsyuk v. State Farm Fire & Casualty Co.Washington Supreme Court · 2012
  3. Winters v. State Farm Mutual Automobile InsuranceCourt of Appeals of Washington · 2000
  4. Harmony at Madrona Park Owners Ass'n v. Madison Harmony Development, Inc.Court of Appeals of Washington · 2011
  5. Harmony at Madrona Park v. Madison Harmony Development Inc.Court of Appeals of Washington · 2011

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