London, Kentucky Jury Awards $76,811 in UIM Rear-End Collision

A husband and wife were involved in a rear-end collision in London, Kentucky, on the Mountain Parkway on May 3, 2017. The husband claimed a large L5-S1 disc herniation, incurring significant medical bills and necessitating future care, along with lost wages and pain and suffering. The wife sustained a soft-tissue injury, also seeking medical expenses and pain and suffering. The couple initially settled with the at-fault driver, each receiving $25,000, which represented the driver's policy limits.

Following this initial settlement, the couple pursued their underinsured motorist (UIM) carrier, Erie Insurance. They sought additional damages for their injuries, which a treating orthopedist in Middlesboro corroborated for the husband. Erie Insurance defended the claim, asserting the collision was a low-speed impact and neither plaintiff suffered a serious injury. A defense orthopedist in Lexington opined that both plaintiffs sustained only mild strains, and the husband's disc injury was unrelated to the accident.

The case proceeded to a three-day trial in London, where the sole issue was damages. The jury awarded the wife $1,050 for remaining medical expenses and $15,000 for pain and suffering, totaling $25,524. A claim for increased likelihood of future injury was rejected. The husband was awarded $29,711 for medical expenses, $27,000 for future medical expenses, $6,500 for lost wages, $2,154 for future lost wages, and $95,000 for pain and suffering, totaling $151,811.

The court entered a final judgment in favor of Erie Insurance on the wife's claim. This occurred because her total jury award was offset by prior payments from personal injury protection (PIP) benefits and the initial $25,000 settlement, leaving no remaining liability for the UIM carrier. The husband's $151,811 award was reduced by $50,000 in PIP benefits and the $25,000 initial settlement, resulting in an adjusted final judgment of $76,811 against Erie Insurance.