Floyd County Commercial Rear-End Collision Settles for $950,000

On July 31, 2023, a 56-year-old plaintiff was rear-ended by a commercial box truck on U.S. 23 in Harold, Floyd County, Kentucky. The plaintiff was proceeding through a green light when the truck, operated by a driver for a commercial dairy company, collided with the plaintiff's vehicle due to driver inattention. The collision severely damaged the plaintiff's car. Although the plaintiff declined immediate medical care at the scene, subsequent treatment revealed injuries including neck and disc damage, a traumatic brain injury (TBI), and post-traumatic stress disorder (PTSD). The plaintiff later filed a lawsuit against the commercial dairy company.

The plaintiff presented evidence from treating doctors, including a neurologist, neurosurgeon, and chiropractor, as well as experts in accident reconstruction and neuropsychiatry, to establish the extent of injuries and damages. The defendant sought to minimize the claimed injuries, relying on an orthopedic expert who concluded the plaintiff had no structural injury and attributed symptoms to degenerative conditions, noting the plaintiff's initial refusal of medical care. A dispute arose when the defendant's expert became unavailable for live trial testimony, leading to a late-noticed deposition. The court granted the plaintiff's motion for sanctions related to the untimely deposition but indicated the expert's testimony would likely still be admitted at trial.

On the Friday before the scheduled trial, the parties reached a settlement agreement for $950,000, avoiding a jury trial. However, the litigation continued with the plaintiff filing an additional motion for sanctions. This motion sought attorney fees totaling $44,000 for deposition preparation, $2,885 in costs, and a $95,000 monetary sanction, representing ten percent of the settlement. The defendant opposed the punitive aspects of the motion, arguing the conduct was not willful or in bad faith, and that the requested monetary sanction and hourly rates were unsupported and unreasonable. That motion for sanctions was pending at the time of this report.