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KETTERLING v. SPUD BAR, INC.

No. C7-86-722.

398 N.W.2d 599 (1986)

Tracy Ann KETTERLING, Respondent, v. The SPUD BAR, INC., Appellant, American States Insurance Company, intervenor, Respondent.

Court of Appeals of Minnesota.

Review Denied February 18, 1987.

Attorney(s) appearing for the Case

Patrick R. Morley, Grand Forks, N.D., for respondent.

Peter E. Lind, Minneapolis, for appellant.

Duane Ilvedson, Fargo, N.D., for respondent.

Heard, considered and decided by FOLEY, P.J., and SEDGWICK and FORSBERG, JJ.

OPINION

SEDGWICK, Judge.

The Spud Bar appeals from a judgment in favor of Tracy Ketterling for $209,276.90 pursuant to liability under Minn. Stat. § 340.95 (1984) (Civil Damage Act), and from an order denying a new trial. Appellant alleges set-off should be allowed on the verdict amount in order to prevent a double recovery to Ketterling since basic economic loss and uninsured motorist benefits have been previously paid by the insurance carrier. Appellant...

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