Fulton County Jury Awards $362,000 in Rear-End Collision

A plaintiff alleged she was injured when her vehicle was rear-ended in traffic, subsequently pushing it into a third car. After settling with the at-fault driver for $25,000, which represented the policy limit, she sought underinsured motorist (UIM) coverage from her insurer, State Farm Mutual Automobile Insurance Company, claiming her damages exceeded that amount. State Farm denied the UIM benefits. The plaintiff, joined by her husband for a loss of consortium claim, filed suit in the Colorado First Judicial District for the County of Jefferson. The complaint alleged breach of contract, bad faith breach of insurance contract, and violations of Colorado statutes. State Farm asserted affirmative defenses, including failure to mitigate damages. Following a jury trial, the jury rendered a verdict for State Farm. It found the plaintiff failed to cooperate with State Farm's investigation, that these actions were material, substantial, and disadvantaged the insurer, and that she intentionally misrepresented material facts. The court entered judgment for State Farm. The parties later stipulated to dismiss the case with prejudice, with State Farm waiving costs in exchange for the plaintiff's waiver of appellate rights. The court granted the dismissal.

A rear-end collision occurred on Highway 80 in Perry County on August 25, 2014. The defendant, who was reportedly checking to see if the road was clear to pass, struck the plaintiff's vehicle. The defendant stipulated fault for the moderate collision. The plaintiff, a 64-year-old retired coal miner, was treated and released from a local emergency room for apparent neck and back strain, then sought follow-up care with a family doctor before beginning chiropractic treatment. Evidence also indicated a disc protrusion in the plaintiff's neck. The plaintiff filed a lawsuit blaming the defendant for the injuries sustained. Medical proof at trial included testimony from a chiropractor and an orthopedic expert. The plaintiff sought damages for medical expenses totaling $18,156 and $500,000 for pain and suffering. The defense argued that the plaintiff exaggerated the injuries, presenting expert testimony suggesting only a temporary strain that should have resolved quickly and that the disc protrusion was pre-existing and unrelated to the crash. The defense also questioned the plaintiff's credibility regarding a prior accident from 25 years earlier, which the plaintiff had denied during a deposition but had previously pursued a lawsuit over. The plaintiff stated a lapse of memory for the prior incident. During deliberations, the jury requested to see the police report and the deposition from the plaintiff's prior accident case, but the judge informed them these items were not admitted into evidence. After 90 minutes of deliberation, the jury awarded the plaintiff $12,000 for medical bills and $110,000 for pain and suffering, totaling $122,000. Prior to the verdict, the parties had entered a Hi-Lo agreement with parameters of $100,000 to $25,000. Consequently, judgment was entered for the plaintiff in the sum of $100,000.

On June 19, 2019, in Brandenburg, Kentucky, a vehicle driven by the plaintiff was rear-ended by another driver while stopped in traffic on Old Mill Road. Although the plaintiff's truck sustained no visible damage and airbags did not deploy, the plaintiff reported immediate neck pain and a headache. The plaintiff was transported to a local hospital, treated, and released for an apparent soft-tissue injury. The at-fault driver was uninsured, prompting the plaintiff to seek uninsured motorist coverage from his insurance carrier, the defendant. The defendant conceded fault for the collision but contested the extent of the plaintiff's damages. The plaintiff subsequently underwent physical therapy and pain management treatments, including spinal injections for continued neck and back pain, reporting some improvement. The defendant's orthopedic physician, through an independent medical examination, opined that the plaintiff sustained only a temporary strain superimposed on pre-existing conditions and that much of the subsequent medical treatment was unrelated to the crash. The defendant tendered a pre-trial offer of $200,000. The case proceeded to a three-day trial in Brandenburg, where the jury considered only damages. The jury, by a 9-3 vote, awarded the plaintiff $50,728 for past medical expenses, $50,000 for future medical care, and $20,000 for pain and suffering, for a total of $120,728. A judgment consistent with the verdict was entered. The defendant later moved to delay enforcement of the judgment until the plaintiff satisfied a Medicare lien.

A lawsuit stemmed from a rear-end vehicle collision in Lexington, Kentucky, alleging negligent operation of a vehicle. Few additional details regarding the incident or the specific allegations made by the plaintiff were available from the record. The defendant in the case retained an orthopedic surgery expert. The resolution of the litigation was not specified.

On July 7, 2020, a vehicle driven by the plaintiff was rear-ended by the defendant's vehicle on Cane Run Road. The minor collision resulted in no immediate injuries, but the plaintiff later sought chiropractic treatment for claimed soft-tissue symptoms, incurring over $10,000 in medical bills and seeking pain and suffering. The plaintiff filed a lawsuit against the defendant for damages. The defendant disputed negligence, asserting the plaintiff stopped suddenly and that claimed injuries were not compensable due to the minor impact. The defense also presented testimony that the plaintiff, post-collision, asked them to falsely identify the driver and later suggested they visit the plaintiff's chiropractor to "make some money," a proposition they claimed to have explored but rejected. The plaintiff denied these allegations, and the court limited cross-examination of the defendant's passenger on his criminal history. After a three-day trial, the jury was instructed to first determine if the plaintiff met specific injury and medical expense thresholds, and then to consider liability. The jury first found (10-2) the plaintiff had not sustained a permanent injury or incurred $1,000 of necessary medical expenses. They then unanimously concluded the defendant was not negligent, halting deliberations before assessing damages. The court entered judgment for the defendant. The plaintiff subsequently filed a motion for judgment notwithstanding the verdict, arguing for a directed verdict on liability and medical bills, and citing improper tainting of proof and an error in seating a juror excused for cause. The defendant countered the juror objection was flawed and that the verdict aligned with evidence. The motion remained pending.