Bowling Green Jury Awards $545,000 in Motor Vehicle Collision

On November 19, 2015, a 73-year-old plaintiff was involved in a collision on Campbell Lane in Bowling Green, Kentucky. The plaintiff's vehicle was broadsided by another driver who entered the intersection against a red or yellow light, according to witnesses. The plaintiff had a green light when she entered the intersection.

The plaintiff sustained a rotator cuff injury and humeral fractures. She later underwent a cubital release surgery in December 2018. After the at-fault driver paid his $100,000 policy limits, the plaintiff filed a claim seeking Underinsured Motorist (UIM) coverage from her own insurance carrier for $50,000 in policy limits, alleging pain and suffering damages.

During the subsequent trial, the defendant insurance carrier conceded the plaintiff's shoulder injury and fractures. However, it disputed the cubital release surgery's connection to the crash, noting the plaintiff's treating orthopedist disagreed with the plaintiff's expert on causation. The defendant carrier also argued for a lower valuation of the plaintiff's pain and suffering.

More than seven years after the incident, the case proceeded to a two-day jury trial. The jury awarded the plaintiff $545,000 for her pain and suffering. Despite this award, the defendant insurance carrier's liability was limited to its $50,000 UIM policy limits.