McCullough v. Wilson

The opinion of the court was delivered by Johnson, J.:

*495 A jury found Devin Wilson liable in tort for injuring Kenneth Risley in an automobile accident and awarded Risley, in addition to other compensation, the cost of his medical expenses resulting from the accident (hereafter "medical expenses"). Prior to filing this lawsuit 1 day short of 24 months after the accident, Risley had been paid for his medical expenses under the personal injury protection (PIP) coverage of his own automobile insurance policy. Wilson argued below that Risley had no right to sue for the medical expenses because,…