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SMITH v. ROHRBAUGH

No. 91 MDA 2010.

54 A.3d 892 (2012)

2012 PA Super 208

Kathy SMITH, as Executrix for the Estate of Kenneth Smith, Deceased, and Kathy Smith, Individually, Appellant v. Linda ROHRBAUGH, Appellee.

Superior Court of Pennsylvania.

Filed September 28, 2012.

Attorney(s) appearing for the Case

Scott B. Cooper , Harrisburg, for appellant, and PA Trial Lawyers amicus curiae.

Christian E. Eaby , Lancaster, for appellant.

Richard H. Wix , Harrisburg, for appellee.

BEFORE: STEVENS, P.J., BENDER, J., PANELLA, J., DONOHUE, J., ALLEN, J., MUNDY, J., OLSON, J., OTT, J., and WECHT, J.

OPINION BY OTT, J.:

Kathy Smith, as Executrix of the Estate of Kenneth Smith and in her own right, appeals from the judgment entered in the Court of Common Pleas of York County following a jury verdict in a case arising out of an automobile accident between Kenneth Smith and Linda Rohrbaugh. Smith claims the trial court erred in molding the jury verdict to zero based upon the prior receipt of underinsured motorist benefits, improperly granted a $15,000.00 offset for...

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