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BROCKHAUS v. LAMBERT

No. S-98-1302.

608 N.W.2d 588 (2000)

259 Neb. 160

Amy J. BROCKHAUS, appellant, v. Mark R. LAMBERT, appellee.

Supreme Court of Nebraska.

April 7, 2000.

Attorney(s) appearing for the Case

Douglas R. Milbourn and Jason D. Mielak, of Milbourn, Fehringer, Kessler & Peetz, P.C., Columbus, for appellant.

Douglas L. Kluender, of Wolfe, Snowden, Hurd, Luers & Ahl, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant, Amy J. Brockhaus, was injured in a two-automobile accident with appellee, Mark R. Lambert. Brockhaus sued Lambert and was awarded a judgment of $104,500. Lambert then filed a "Motion for Determination of Setoff/Credit," alleging that the sum of $5,000 had already been paid to Brockhaus by Lambert's insurer, Allied Mutual Insurance Company (Allied Mutual), and asking that this sum be credited against...

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