Searcy v. Hamburger

Full title: CYNTHIA A. SEARCY, Plaintiff, v. JORDAN E. HAMBURGER, Defendant

Court: United States District Court, D. Colorado

Date published: Sep 29, 2005

Civil Action No. 02-cv-02260-ZLW-MJW (D. Colo. Sep. 29, 2005)

Opinion

Civil Action No. 02-cv-02260-ZLW-MJW.

September 29, 2005

ORDER DIRECTING THE AMENDMENT OF JUDGMENT

ZITA WEINSHIENK, Senior District Judge

The matter before the Court is Defendant's Renewed Motion To Apply PIP Offset To Jury Award. The jury award in this case is properly offset by the Personal Injury Protection (PIP) benefits that Plaintiff received.¹ Although the parties disagree as to the precise amount of PIP benefits Plaintiff received, even accepting Plaintiff's amount, $40,000, the $15,212.50 jury award is completely offset by that amount. Accordingly, it is

1 See Hickenbottom v. Schmidt, 626 P.2d 726, 726 (Colo.App. 1981); Evinger v. Greeley Gas Co., 902 P.2d 941, 943 (Colo.App. 1995).

ORDERED that Defendant's Renewed Motion To Apply PIP Offset To Jury Award is granted. It is

FURTHER ORDERED that the Clerk is directed to amend the Judgment to reflect a Judgment of zero dollars. It is

FURTHER ORDERED that the Clerk is directed to amend the Judgment to state that each party shall bear her or his own costs, subject to the rule on offer of judgment, Fed.R.Civ.P. 68, if applicable.