Garrett, Kentucky Jury Awards $15,000 in Rear-End Collision

A plaintiff was stopped in a line of traffic in Garrett, KY, on February 3, 2019, when a defendant driver rounded a curve and rear-ended their vehicle. The plaintiff sought emergency room treatment for soft-tissue symptoms and later continued care with a chiropractor. A neurosurgery expert then diagnosed radiating neck pain linked to an annular tear and a cervical disc protrusion. The plaintiff incurred $22,910 in medical expenses and sought an additional $40,000 for future care, along with $250,000 for pain and suffering.

The plaintiff filed a lawsuit against the defendant driver and their own underinsured motorist (UIM) carrier. The defendant driver's insurance paid its $25,000 policy limit, which the UIM carrier advanced. At trial, the jury was informed of a contractual relationship between the plaintiff and the UIM carrier, identified as a defendant, but the nature of the UIM coverage was not disclosed. The UIM carrier's counsel did not actively participate in the trial. The defense disputed the extent of the plaintiff's injuries, presenting testimony from a neurosurgery expert who concluded that the plaintiff had suffered only a "transient" soft-tissue injury and that a minimal cervical disc bulge had no clinical significance.

The jury considered only damages, as fault for the collision was not disputed. The jury awarded the plaintiff the full amount of claimed past medical expenses and $27,087 for pain and suffering. However, the jury rejected the plaintiff's claim for future medical care. A judgment was subsequently entered for the plaintiff for $15,000, reflecting a reduction for the $25,000 underlying policy limits and $10,000 in personal injury protection (PIP) benefits.