TTH Attorney Josh Bovender recently secured a favorable jury award in his defense of a seven-figure TBI claim. The trial arose from a rear-end collision in Lancaster, Pennsylvania. The Plaintiff was limited tort. Josh and his client admitted to fault for the accident and even conceded that Plaintiff may have suffered a mild concussion from the crash. Josh vigorously defended against any further injury or loss and asserted that Plaintiff failed to pierce the limited tort threshold. Plaintiff’s Philadelphia-based law firm alleged over $1,300,000 in economic losses stemming from the incident.

After 3 hours of deliberation, the jury concluded that Plaintiff failed to prove a serious injury, and precluded Plaintiff from recovering any non-economic damages for pain and suffering, etc. The jury returned a modest award for less than 1% of Plaintiff’s past medical expenses and wage loss.

Commenting on the result, Josh noted that “the limited tort defense is alive and well with Pennsylvania’s jurors. It’s often difficult to prevail on limited tort issues through summary judgment because some courts prefer to let the jury decide the issue. This result is a welcome reminder that a jury’s involvement can prove just as fruitful.”

Josh is a Partner in TTH’s Harrisburg, Pennsylvania Office and can be reached at jbovender@tthlaw.com or 717-237-7153.