Franklin County Jury Awards $56,087 in Rear-End Collision

In late 2006, a 13-year-old passenger was traveling on I-64 in Franklin County when the vehicle she occupied was rear-ended in a chain-reaction collision. The incident resulted in minor vehicle damage but the passenger later sought treatment for neck and back pain, headaches, dizziness, jaw pain, and hand weakness. After exhausting the at-fault driver's insurance policy limits, the passenger, now the plaintiff, filed a lawsuit against her own underinsured motorist (UIM) carrier, Shelter Mutual, seeking additional damages.

The plaintiff's orthopedic expert confirmed a strain injury with objective muscle spasms. The defendant, Shelter Mutual, argued the collision was too minor to cause compensable injuries and presented expert testimony to diminish the claimed damages. The case proceeded to a damages-only trial in August 2014, where the jury awarded the plaintiff $15,000 for medical expenses but rejected claims for future care and pain and suffering. A defense judgment was subsequently entered, as the award did not exceed the presumed UIM coverage threshold.

The plaintiff moved for a new trial, arguing the verdict was inadequate. The court granted the motion in November 2014, finding that even the defense expert acknowledged some injury and that the jury's skepticism had obscured its view of the evidence. A second trial occurred in May, where the jury was permitted to view the UIM contract, with a judicial instruction not to draw conclusions from it. The jury ultimately awarded the plaintiff $19,037 for medical expenses, $3,600 for future care, and $33,450 for past pain and suffering, totaling $56,087. The jury did not award damages for future pain and suffering. At the time of the record's review, no final judgment had been entered, but it was anticipated to be $21,087 after accounting for the tortfeasor's policy limits and personal injury protection (PIP) coverage.