Griffin v. Louisville & Nashville Railroad

Shulman, Presiding Judge.

Plaintiff-appellant, a 67-year-old retiree, was struck by a truck driven by an employee of defendant-appellee. Plaintiff was taken to Grady Memorial Hospital where X-rays of his hip revealed that no fracture occurred. His total medical bill was $37.00. Plaintiff brought suit seeking to recover noneconomic losses under Code Ann. § 56-3410b. This appeal is from the grant of summary judgment for *599defendant.

The paramount question to be answered is whether the injury sustained by plaintiff is a “serious injury” within the meaning of Code Ann. § 56-3402b (j).

“ (a) In an…