Lexington Jury Issues Defense Verdict in Rear-End Collision

A plaintiff was involved in a rear-end collision in Lexington, Kentucky, in July 2013. The defendant admitted fault for the incident. The plaintiff subsequently developed shoulder pain and underwent a labral tear repair in November 2015, continuing to report pain thereafter.

The plaintiff filed a lawsuit, seeking damages for past medical expenses totaling $2,645, $9,000 for future medical care, $1,400 for lost wages, and $250,000 for pain and suffering. The defense disputed the extent of the injury, presenting an independent medical examination that suggested the plaintiff had only suffered a temporary shoulder strain, not a labral tear.

During deliberations on damages, the jury inquired about insurance payments for initial physical therapy and any prior settlements, but the court did not provide an answer. The jury ultimately awarded the plaintiff damages for past medical expenses but rejected claims for future care, lost wages, and pain and suffering. A defense judgment was entered, with the medical award offset by personal injury protection benefits. The plaintiff's subsequent motion for a new trial, citing uncontroverted proof of injury and state precedent, was denied by a court in Lexington, Kentucky.