Kentucky Jury Awards $35,000 in Underinsured Motorist Claim

On November 1, 2013, a passenger traveling with her husband in Santa Rosa Beach, Florida, was involved in a rear-end collision when their vehicle was struck by an intoxicated driver. The impact caused their vehicle to be knocked off the road and overturn. The passenger, then 43, subsequently treated for a mild brain injury and other soft-tissue symptoms, which an osteopath confirmed.

The plaintiff first settled with the at-fault driver for the $50,000 policy limits. She then filed a lawsuit in Kentucky against her own insurance carrier, seeking underinsured motorist (UIM) coverage with a $100,000 limit. The plaintiff's husband, who was also injured in the crash, reached a separate settlement with the UIM carrier before the trial began. The case proceeded solely on the plaintiff's claim, where she sought over $43,000 for past medical expenses, over $68,000 for future medical care, and significant awards for past and future physical and mental pain and suffering. The defendant insurance carrier conceded the at-fault driver's fault but focused its defense on minimizing the plaintiff's claimed injuries.

During deliberations, the jury submitted questions to the court, which were sealed without explanation. The jury ultimately rejected the imposition of comparative fault against the plaintiff. It did not award past medical bills but awarded $20,000 for future medical care. For non-economic damages, the jury awarded $45,000 for past physical suffering and $20,000 for past mental suffering, but declined to award any damages for future pain and suffering. The raw verdict for the plaintiff totaled $85,000. The court entered a final judgment for the plaintiff in the sum of $35,000, after applying a $50,000 credit from the earlier settlement with the at-fault driver.