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BANKS v. GRANT

No. C7-94-2225.

530 N.W.2d 864 (1995)

Damon LaMont BANKS, Appellant, v. Russell Lowell GRANT, et al., Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Intervenor, Respondent.

Court of Appeals of Minnesota.

Review Granted June 14, 1995.

Attorney(s) appearing for the Case

Mark D. Streed, Meshbesher & Spence, Ltd., Minneapolis, for Damon LaMont Banks.

Lisa M. Elliott, St. Paul, for Russell Lowell Grant, et al.

Timothy J. Eiden, Hansen, Dordell, Bradt, Odlaug, & Bradt, St. Paul, for American Family Mut. Ins. Co.

Considered and decided by NORTON, P.J., PARKER and SCHUMACHER, JJ.

OPINION

NORTON, Judge.

Appellants contend the trial court erred when it held that an offset against the verdict was not appropriate because American Family had a subrogation right against the Grants and their insurer under Minn.Stat. § 65B.64, subd. 2 (1994). We reverse and remand.

FACTS

This case arises out of a 1990 automobile accident. Appellant Damon Banks was a passenger in an automobile that was struck by an automobile driven...

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