Lexington Jury Awards $24,320 in Rear-End Collision

A rear-end collision occurred on Tates Creek Road near its intersection with Malibu Road in Lexington. A vehicle operated by the defendant struck the rear of another vehicle, driven by plaintiff 1, which had stopped at a red light. The defendant admitted some fault for the collision but alleged plaintiff 1 had stopped short on a yellow light, sharing responsibility. Plaintiff 1 stated she was simply slowing down.

Plaintiff 1 sought damages for whiplash and radiating pain, reporting $7,775 in medical expenses. Her passenger, plaintiff 2, claimed soft-tissue symptoms and incurred $7,365 in medical bills. Both plaintiffs filed a lawsuit against the defendant for their injuries and pain and suffering. The defense contended there was no injury at the scene of the accident and presented testimony from an orthopedic expert, arguing a medical threshold defense to the jury.

After a three-day trial in Lexington, the jury determined both plaintiffs met the medical expense threshold. Jurors allocated 90% of the fault to the defendant and 10% to plaintiff 1. Plaintiff 2 received $7,365 for medical expenses and an additional $2,200 for pain and suffering, totaling $9,565. Plaintiff 1 was awarded $7,775 for medical expenses and $7,000 for pain and suffering, totaling $14,755. An initial judgment was subsequently amended to reflect reductions for comparative fault and personal injury protection. Both the plaintiffs and the defendant filed appeals following the amended judgment. A related bad faith claim against a third-party insurer was held in abeyance pending the appeal outcomes.