TT&H Attorneys Joshua Bovender and Amanda Hennessey Win Defense Arbitration Award in Serious Motorcycle Accident Case
July 20, 2023
TT&H attorneys Joshua Bovender and Amanda Hennessey, along with help from law clerk Haley Obrzut, recently won a Franklin County arbitration involving a serious two-vehicle motorcycle accident. Plaintiff claimed that Josh and Amanda’s client, a nearby farmer, negligently allowed stones to wash out from his gravel driveway and clutter the adjoining roadway. Plaintiff wrecked after he and his co-rider rode over the stones and lost control of their motorcycles. Plaintiff suffered a hyperextended fracture of his right knee, which required a total reconstructive surgery.
In the suit against Josh and Amanda’s client, Plaintiff argued that there had been several prior accidents in the vicinity of the crash. Discovery, however, revealed that Plaintiff was intoxicated at the time of the accident, and presented at the hospital with a 0.097 BAC. Plaintiff also tested positive for cocaine and marijuana. The matter proceeded to arbitration and the panel entered an award the same day, finding that Josh and Amanda’s client was not negligent, and that Plaintiff was not entitled to any damages. After the hearing, Josh commented: “It’s hard to fully appreciate the temerity of Plaintiff’s position – you spend all day drinking, wreck your motorcycle, and then sue an innocent farmer for your injuries. I respect and appreciate the Arbitration Panel’s findings, and am glad they reached the correct result.”
Questions about this case can be directed to Josh Bovender at (717) 237-7153 or jbovender@tthlaw.com.