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PEMBERTON v. THEIS

No. C4-03-313.

668 N.W.2d 692 (2003)

Rochelle Lynn PEMBERTON, Respondent, v. Lori Ann THEIS, Appellant.

Court of Appeals of Minnesota.

September 16, 2003.

Attorney(s) appearing for the Case

John S. Raboin, Raboin & Aakhus Olson Law Offices, P.A., Baxter, MN, for respondent.

Steven F. Lamb, Fargo, ND, for appellant.

Paul D. Peterson, Harper & Peterson, P.L.L.C., Woodbury, MN, for amicus curiae Minnesota Trial Lawyers Association.

Considered and decided by HUDSON, Presiding Judge; WILLIS, Judge; and ANDERSON, Judge.

OPINION

HUDSON, Judge.

In this negligence action arising out of an automobile accident, the jury awarded damages for future medical expenses. The trial court, after a posttrial collateral sources motion, reduced the award for future medical expenses by the amount of basic economic loss benefits the plaintiff had received in settlement with her no-fault insurer, and further reduced the award in proportion to plaintiff's attributable fault. On appeal, appellant...

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