Jacksonville Jury Finds Negligence, No Permanent Injury in Rear-End Collision

A plaintiff filed a lawsuit following a rear-end motor vehicle collision that resulted in neck and brain injuries. The case concluded with an award of $106,000. This amount was subsequently adjusted to $96,000. Few other details about the proceedings were available.

A vehicle collision occurred in May 2008 on Stony Brook when a teenager, pulling from a private drive, struck a childcare worker's vehicle. The childcare worker sustained soft-tissue neck pain and was transported to the emergency room. Liability for the collision was later established by summary judgment. The injured worker subsequently filed a lawsuit in Louisville, seeking damages for medical bills, lost wages, impairment, and pain and suffering. The plaintiff's case was complicated by involvement in a second crash a month later, though injuries were distinguished. The defendant disputed the claimed injuries, citing credibility, lack of objective proof, and a "threshold" defense. The jury found the plaintiff met the medical expense threshold but did not sustain a permanent injury. Ultimately, the jury awarded the plaintiff $8,184 for medical expenses but $0 for lost wages, impairment, and pain and suffering, resulting in a total verdict of $8,184. A judgment consistent with this verdict was entered. The plaintiff later moved for a new trial, arguing the verdict was inadequate. The defendant countered, citing credibility issues. The motion was pending as of June 2016.

On May 9, 2015, a passenger was involved in a vehicle collision at the intersection of Fifth and Broadway in downtown Louisville, Kentucky. The vehicle carrying the plaintiff was struck by a second car, whose driver had proceeded through a red light. The plaintiff was treated at an emergency room and subsequently for an aggravation of degenerative cervical and disc conditions, incurring medical bills totaling $19,478. After receiving $25,000 from the at-fault driver's insurer, the plaintiff filed a lawsuit in Jefferson Circuit Court against his own carrier, the defendant insurer, seeking Underinsured Motorist (UIM) coverage. The case was later removed to federal court on diversity jurisdiction. The plaintiff claimed $19,478 for medical expenses and $129,000 for pain and suffering. The defendant insurer argued that the claimed injuries were minimal and pointed to the plaintiff's history of similar complaints from a previous accident seven months prior. The case proceeded to a jury trial, which focused solely on the issue of damages. The jury returned a verdict in favor of the plaintiff for $119,478, comprising $19,478 for medical expenses and $100,000 for pain and suffering. This award exceeded the $35,000 threshold required to activate UIM coverage and the $60,000 amount that would have exhausted the defendant insurer's UIM policy. The court subsequently entered a judgment for the plaintiff for the $25,000 UIM policy limits.

A motor vehicle collision occurred in Colorado, involving a vehicle operated by the plaintiff and another driver. The plaintiff alleged that the incident resulted in serious and permanent personal injuries, including neck and shoulder injuries, a concussion, and head trauma. After settling claims with the other driver, the plaintiff sought underinsured motorist benefits from the defendant insurer, with whom the plaintiff held a policy for $100,000. The plaintiff alleged the insurer refused to pay the benefits. Subsequently, the plaintiff filed a breach of contract action against the defendant insurer in the District Court 20th Judicial District, Boulder County, Colorado. The plaintiff demanded judgment for damages, litigation costs, and prejudgment interest. The defendant insurer denied the allegations and asserted affirmative defenses, including comparative negligence, failure to state a claim, and failure to cooperate with policy conditions. The parties later notified the court that they had resolved all claims. Following a notice of settlement and stipulation for dismissal, the court dismissed the action with prejudice, with each party bearing its own costs.

A passenger was rendered quadriplegic following a vehicle rollover accident on Interstate 25 in Colorado on July 5, 2013. The plaintiff, a front-seat passenger, alleged that a defendant driver operating a Jeep Cherokee negligently made a sudden left turn from the highway shoulder without a signal, striking the plaintiff's Honda Accord. The collision caused the plaintiff's vehicle to hit the median and roll over multiple times, resulting in a spinal cord injury and a spinal fracture. The plaintiff filed suit against the defendant driver for negligence. Product liability claims were also brought against the vehicle manufacturer, windshield manufacturer, and seatbelt manufacturer, alleging dangerous and defective designs. Specifically, the plaintiff contended the windshield failed to provide sufficient roof support during the rollover, leading to roof collapse, and that the seatbelt was defective, allowing slack that contributed to the injuries. The defendants denied liability and disputed the plaintiff's allegations of damages. The seatbelt manufacturer, Takata, specifically argued the alleged slack was due to the plaintiff's body position, not a product defect. The case proceeded to a ten-day trial against only the defendant driver and the seatbelt manufacturer. Following approximately 8.5 hours of deliberation, the jury returned a verdict in favor of the plaintiff, awarding $52,000,000. This amount included $5,000,000 for non-economic losses, $15,000,000 for economic damages, $30,000,000 for physical impairment or disfigurement, and $2,000,000 for the plaintiff spouse's loss of consortium claim. The jury apportioned 50% liability to the defendant driver, 40% to the nonparty vehicle manufacturer (Honda), and 10% to the nonparty windshield manufacturer (AGC Flat Glass North America). The jury found no liability on the part of the defendant seatbelt manufacturer, Takata.