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02-1266 Barth v. American Family Mutual Automobile Insurance Company, et al.

By: dmc-admin//February 10, 2003//

02-1266 Barth v. American Family Mutual Automobile Insurance Company, et al.

By: dmc-admin//February 10, 2003//

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American Family Mutual Automobile Insurance Company and its insured, Richard Herbst, appeal a judgment awarding Ginny Barth damages for injuries she suffered in a traffic accident. They argue that the trial court erred when it refused to allow them to amend their pleadings to allege a set-off for medical expenses already paid pursuant to the Minnesota no-fault act.

Because we conclude that the trial court properly exercised its discretion when it denied the motion to amend the pleadings, we affirm the judgment.

This opinion will not be published.

Dist III, St. Croix County, Needham, J., Per Curiam

Attorneys:

For Appellant: Terrence M. Gherty, Hudson

For Respondent: Theodore A. Franti, Rice Lake

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