Born v. Kisner

Case Background

Stefanie Born filed an auto negligence lawsuit against Kyle Kisner after a moderate rear-end motor vehicle accident. The case was filed in the Shelby County Circuit Court, Tennessee. Judge Rhynette M. Hurd presided over this case. [Case number: CT-1757-20]

Cause

On May 8, 2019, Stefanie Born, a 67-year-old analyst for Federal Express, was involved in a rear-end collision on Central Avenue near Reese Street. Born had stopped to make a left turn when Kyle Kisner struck her vehicle. The impact was severe.

Kisner explained that another car suddenly changed lanes, leaving him with little time to stop. Despite his account, liability was not disputed by the time of the trial.

Injury

Born received treatment for soft-tissue injuries and, more notably, for a mild traumatic brain injury (TBI). The TBI impaired her concentration and memory. As a result, Born retired earlier than planned from Federal Express, which caused her to forfeit her full pension. A neurologist, Dr. Thomas Arnold of Memphis, confirmed her injuries.

Damages

Born sought economic damages for lost wages and medical expenses, which amounted to approximately $5,000. If successful, she aimed to recover damages in three areas: lost wages, loss of enjoyment of life, and pain and suffering.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Stefanie Born
    • Counsel for Plaintiff(s): Michael A. Katzman | Jeffrey S. Rosenblum
  • Defendant(s): Kyle Kisner | GEICO
    • Counsel for Defendant(s): Melanie M. Stewart | Christopher Sobczak

Claims

In this lawsuit, Born sought damages from Kisner and also filed a claim against her uninsured motorist (UM) carrier, GEICO.

Defense

The Defendants, Kisner and GEICO, minimized the severity of the claimed injury.

Jury Verdict

The court tried the case in Memphis over two days. On June 25, 2024, the jury returned a verdict in favor of Born. The jury awarded her $34,000 for lost wages, $10,000 for loss of enjoyment of life, and $75,000 for pain and suffering. The verdict totaled $119,000, and the court entered a consistent judgment in this auto negligence lawsuit.

Court Documents:

Available upon request