Goins v Clifton

In Goins v Clifton, Kurt Anselmi of our office represented the Defendants, Lisa Clifton and Alexander Kapetan in an auto negligence action arising out of a January 11, 2001 single vehicle accident.  Plaintiff was a passenger in a vehicle owned by Alexander Kapetan and driven by Lisa Clifton.  Lisa Clifton lost control of the vehicle in the early morning hours of January 11, 2001, resulting in a roll over accident.  Plaintiff, Goins sustained an undisplaced fracture of the proximal fibula which was treated by nonweight bearing for a period of weeks.  She filed her Complaint alleging Defendant, Clifton was negligent in driving the vehicle and also asserted an owners liability claim against Alexander Kapetan.  Plaintiff claimed her undisplaced fracture of proximal fibula constituted a “serious impairment of body function.”

Prior to trial, Defendant moved for Summary Disposition contending the Plaintiff’s injuries did not constitute a serious impairment of body function as a matter of law.  The Court denied Defendant’s Motion and the matter proceeded to trial.  At trial, Defendant admitted negligence and again maintained that Plaintiff’s injuries did not constitute a serious impairment of body function as a matter of fact and law.  The Trial Court again denied Defendant’s Motion for Directed Verdict and the matter proceeded the jury verdict resulting in an award of $20,000.00 in favor of Plaintiff.  Following the assessment of fees and costs, Judgment was entered against Defendant in the amount of approximately $25,000.00, after which Defendant sought an Appeal. 

The Court of Appeals recently issued its opinion (April 7, 2004) reversing the Trial Court’s denial of Defendant’s Motion for Summary Disposition.  The matter has now been remanded to the Trial Court for entry of an Order Granting Defendant’s Motion for Summary Disposition, thereby vacating the jury verdict for Plaintiff.

Attached is a copy of the Court of Appeals unpublished Opinion in Goins v Clifton.  Co-Defendant, Alexander Kapetan, as owner of the vehicle was insured by Auto-Owners who also provided the defense to the driver, Lisa Clifton.