Ellis v. Whittaker

Appellant Jack Ellis appeals from the trial court's denial of a motion to modify judgment. The facts are not in issue and are briefly summarized here. Ellis was a pedestrian who received severe injuries when struck by an automobile driven by Horace Whittaker. State Farm Mutual Automobile Insurance Company provided insurance for both Ellis and Whittaker. Suit was filed and the full amount of Whittaker's liability coverage of $25,000 was paid into Thomas County District Court. Ellis was paid $61,251.21 in personal injury protection (PIP) benefits on his own policy.