Lexington Jury Issues Defense Verdict in Rear-End Collision

A plaintiff alleged bilateral rotator cuff injuries resulted from paramedics' forceful removal of the plaintiff from a motor vehicle accident. The plaintiff filed a lawsuit against the defendants, presumably alleging negligence in the plaintiff's care. The court granted the defendants' motion for summary judgment in September 2006, concluding the case in favor of the defense.

A collision occurred on September 20, 2012, on Kentucky Avenue near Floyd Street in Louisville. The plaintiff, then age 41, was making a right turn when the defendant pulled from a space to the plaintiff's right, resulting in the crash. The plaintiff sustained a rotator cuff injury that required surgical repair. The plaintiff filed a lawsuit, alleging the defendant negligently pulled from a parking lane into the plaintiff's path. The plaintiff sought $3,917 for past medical expenses, up to $15,000 for future medicals, and $120,000 for pain and suffering. The defendant denied liability, arguing she was in a turn lane, not a parking lane. An independent medical examiner for the defense also linked the plaintiff's shoulder issues to pre-existing degenerative conditions. Following a trial, a jury found in favor of the defendant on the issue of liability. A defense judgment was subsequently entered, and the plaintiff received no damages.

On July 7, 2020, a vehicle driven by the plaintiff was rear-ended by the defendant's vehicle on Cane Run Road. The minor collision resulted in no immediate injuries, but the plaintiff later sought chiropractic treatment for claimed soft-tissue symptoms, incurring over $10,000 in medical bills and seeking pain and suffering. The plaintiff filed a lawsuit against the defendant for damages. The defendant disputed negligence, asserting the plaintiff stopped suddenly and that claimed injuries were not compensable due to the minor impact. The defense also presented testimony that the plaintiff, post-collision, asked them to falsely identify the driver and later suggested they visit the plaintiff's chiropractor to "make some money," a proposition they claimed to have explored but rejected. The plaintiff denied these allegations, and the court limited cross-examination of the defendant's passenger on his criminal history. After a three-day trial, the jury was instructed to first determine if the plaintiff met specific injury and medical expense thresholds, and then to consider liability. The jury first found (10-2) the plaintiff had not sustained a permanent injury or incurred $1,000 of necessary medical expenses. They then unanimously concluded the defendant was not negligent, halting deliberations before assessing damages. The court entered judgment for the defendant. The plaintiff subsequently filed a motion for judgment notwithstanding the verdict, arguing for a directed verdict on liability and medical bills, and citing improper tainting of proof and an error in seating a juror excused for cause. The defendant countered the juror objection was flawed and that the verdict aligned with evidence. The motion remained pending.

A rear-end collision occurred in Norwood, Ohio, on November 14, 2017, involving the plaintiff and an at-fault driver. The plaintiff sustained a C5-6 disc injury, requiring fusion surgery approximately ten months after the crash, and an L4-5 injury, which led to a microdiskectomy in December 2018. Medical bills for these treatments totaled $80,739. The at-fault driver's insurer settled for its $25,000 policy limits without a lawsuit. Following the initial settlement, the plaintiff filed an underinsured motorist (UIM) action against their own insurer, seeking compensation for medical expenses and pain and suffering. The plaintiff's insurer disputed the extent of damages, presenting testimony from a defense orthopedic expert who concluded the plaintiff's treatment course was unrelated to the crash, citing a thirteen-year history of similar symptoms. The defense also raised a $1,000 medical expense threshold defense. The case proceeded to a two-day jury trial in Florence, focusing on causation and damages. The jury first determined the plaintiff met the $1,000 medical threshold. They then awarded the plaintiff $80,939 for medical expenses and an additional $195,000 for pain and suffering, totaling $275,939. A judgment was entered for $240,739, accounting for the underlying policy limits and personal injury protection (PIP) coverage. The defense had made an $18,000 offer of judgment.

On June 19, 2019, in Brandenburg, Kentucky, a vehicle driven by the plaintiff was rear-ended by another driver while stopped in traffic on Old Mill Road. Although the plaintiff's truck sustained no visible damage and airbags did not deploy, the plaintiff reported immediate neck pain and a headache. The plaintiff was transported to a local hospital, treated, and released for an apparent soft-tissue injury. The at-fault driver was uninsured, prompting the plaintiff to seek uninsured motorist coverage from his insurance carrier, the defendant. The defendant conceded fault for the collision but contested the extent of the plaintiff's damages. The plaintiff subsequently underwent physical therapy and pain management treatments, including spinal injections for continued neck and back pain, reporting some improvement. The defendant's orthopedic physician, through an independent medical examination, opined that the plaintiff sustained only a temporary strain superimposed on pre-existing conditions and that much of the subsequent medical treatment was unrelated to the crash. The defendant tendered a pre-trial offer of $200,000. The case proceeded to a three-day trial in Brandenburg, where the jury considered only damages. The jury, by a 9-3 vote, awarded the plaintiff $50,728 for past medical expenses, $50,000 for future medical care, and $20,000 for pain and suffering, for a total of $120,728. A judgment consistent with the verdict was entered. The defendant later moved to delay enforcement of the judgment until the plaintiff satisfied a Medicare lien.