Attorney Josh Bovender Wins Defense Award in Hard-Fought Commercial Trucking Action

TT&H Attorney Josh Bovender recently won a defense award in a case stemming from a commercial trucking accident.  Josh’s client was operating a tractor trailer that collided with Plaintiff’s vehicle.  The collision totaled the far smaller vehicle, and the Plaintiff alleged severe and permanent injuries to his neck and back.  The Plaintiff, however, had elected the limited tort option on his personal automobile insurance policy.  Since the Plaintiff had no economic damages, the sole issue in the arbitration was whether the Plaintiff’s injuries were “serious” as that term is defined by the limited tort statute.  Josh and his client conceded fault for the accident, but successfully argued that Plaintiff’s limited orthopedic care and physical therapy failed to pierce the limited tort threshold as a matter of law.  The arbitrators agreed, entering an award in favor of Josh and his client.

Questions about this case can be directed to Josh Bovender at (717) 237-7153 or jbovender@tthlaw.com.