Smith v. Higgins

LAMBERT, Justice.

The Motor Vehicle Reparations Act (MVRA) mandates a “threshold” of injury as a condition for recovery of damages in tort. KRS 304.39-060(2)(b). The General Assembly has determined that such a requirement is in the public interest and we found no constitutional violation. Fann v. McGuffey, Ky., 534 S.W.2d 770 (1975). The proper construction of the statutory phrase “permanent disfigurement” is presented here and we must decide whether five scars upon appellant’s knees, the largest of which is approximately five inches long, meet the threshold.

On motion for summary judgment, the…