Lexington Jury Awards $14,788 in Motor Vehicle Collision

In March 2017, a farmhand operating a Nissan sedan pulled from a farm drive onto Paris Pike in Lexington, Kentucky, into the path of an oncoming Chevrolet Silverado pickup. The defendant, driving the pickup, was recorded traveling at 66 mph before impact. A passenger in the sedan was killed, and the farmhand sustained serious injuries, including multiple fractures, a lacerated spleen, and a concussion. The plaintiff incurred over $142,000 in medical expenses and nearly $6,000 in lost wages.

The incident led to litigation where the deceased passenger's estate sued both drivers. That case settled. The farmhand then proceeded as the plaintiff, suing the pickup driver as the defendant. The plaintiff argued the defendant's speed was a causal factor, contending that had the defendant been traveling at the posted speed limit, the plaintiff would have had time to clear the intersection. The defendant countered that the plaintiff failed to yield the right-of-way and introduced evidence of marijuana in the plaintiff's system and possession, suggesting impairment despite no intoxication charge.

Following a three-day trial in Lexington, the jury found the defendant 10% at fault and the plaintiff 90% at fault. The jury awarded the plaintiff $147,882 for medical bills and lost wages but declined to award damages for past or future suffering. Due to the comparative fault finding, a judgment was entered for the plaintiff in the amount of $14,788. The plaintiff subsequently filed a motion for a new trial, arguing the admission of marijuana evidence was improper without expert testimony on intoxication and that the jury's failure to award non-economic damages was inconsistent with the proven extent of injuries. The motion is currently pending.