Lexington Jury Awards $61,842 in UIM Claim, Defense Judgment

A right-of-way collision occurred in Lexington on September 1, 2016, at the intersection of Twain Ridge Road and Desdemona Drive. The plaintiff, driving through the intersection, had their trailer struck by another vehicle. The at-fault driver's insurer subsequently accepted fault and paid its $50,000 policy limits to the plaintiff for injuries sustained.

The plaintiff then pursued an underinsured motorist (UIM) claim against their own insurer, the defendant, seeking additional compensation. The plaintiff alleged a cervical disc injury requiring surgery and potential future fusion, with claimed damages for medical expenses, impairment, and pain and suffering totaling over $480,000. The defendant insurer denied the claimed disc injury was related to the trauma, presenting testimony from medical experts to dispute causation. The plaintiff's UIM coverage, which had a $100,000 limit, would only activate if a jury verdict surpassed a $66,676 threshold, which included the initial payment from the at-fault driver's insurer and additional benefits.

A two-day trial in Lexington focused solely on damages. After an initial deliberation process where an unsigned verdict was submitted, the jury was sent to deliberate again and returned a 9-3 verdict. The jury awarded the plaintiff $17,842 for past medical bills, $24,000 for future medical bills, and $20,000 for pain and suffering, totaling $61,842. Claims for impairment were rejected.

Despite the monetary award, the verdict fell below the $66,676 threshold required to trigger the UIM policy. As a result, the court entered a defense judgment for the insurer. The plaintiff later withdrew a motion to contact jurors, and the parties subsequently dismissed the case, agreeing not to appeal or seek costs.