Kentucky Jury Finds Split Fault in Rear-End Collision, Awards $30,000

In November 2008, a passenger riding unbelted in a pickup truck on Preston Highway in Kentucky was injured when her vehicle was rear-ended. The impact caused the truck to slide down an embankment and roll over. The plaintiff was discharged from an emergency room the same day, having been instructed to continue pain management for a prior 2006 collision. She subsequently alleged the 2008 incident caused new chronic low back pain.

The plaintiff filed a lawsuit against the at-fault driver in 2014, with service completed in 2017. The defendant's motion for summary judgment regarding delayed service was denied. At trial, the defendant disputed the extent of the plaintiff's injuries, attributing symptoms to pre-existing conditions and the earlier accident. The defense also raised a seat belt defense, arguing injuries would have been less severe with proper restraint. Medical experts for the plaintiff opined 50% of her ongoing pain related to the two collisions.

Following a three-day trial, the jury found the defendant 60% at fault and the plaintiff 40% at fault for not wearing a seat belt. The jury awarded $19,500 for medical bills and $50,000 for past pain and suffering, but rejected claims for future medical care and future pain and suffering. The final judgment for the plaintiff totaled $30,000, after deductions for previously paid medical expenses and apportioned fault. Both parties have since filed appeals.