MAZIARSKI v. BAIR

No. 18828-7-II.

924 P.2d 409 (1996)

83 Wash.App. 835

Jeffrey F. MAZIARSKI and Guyda Maziarski, husband and wife; and Jeffrey F. Maziarski, as Guardian ad Litem for Jeffrey F. Maziarski, Jr., a minor, Appellants, v. Edna L. BAIR and Donald G. Bair, husband and wife, Respondents.

Court of Appeals of Washington, Division 2.

October 18, 1996.


Attorney(s) appearing for the Case

Dan Matthew Albertson, Tacoma, for appellants.

D. Michael Reilly, Michael Barr King, Lane Powell Spears Lubersky, Seattle, for respondents.


MORGAN, Judge.

In this personal injury action, the plaintiffs recovered a jury verdict for $8,653. The defendant then sought an offset for pre-trial 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...

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