Louisville Jury Awards $332,939 After Rear-End Collision

On May 5, 2011, a 47-year-old warehouse manager was stopped in traffic on the Outer Loop when a commercial van rear-ended his vehicle. The impact propelled his car into the vehicle ahead, resulting in a four-car collision. The defendant driver's fault was not disputed. The plaintiff was transported by ambulance to U of L Hospital, where he was admitted overnight for cuts, abrasions, a broken wrist, and an L-5 transverse process fracture. Doctors advised the L-5 fracture would heal spontaneously, and his wrist fracture was splinted.

The plaintiff experienced low-back pain for three months and was referred to a neurosurgeon for conservative treatment, followed by pain management. He returned to work in November 2011 after six months off, but his employer testified that his performance was impacted by back pain. After another neurosurgeon advised against surgery, the plaintiff sought a second opinion. A different neurosurgeon performed a laminectomy in November 2012, 18 months post-crash, and an L5-S1 fusion in December 2014. The plaintiff reported significant relief from the fusion surgery, with his surgeon linking both procedures to the initial collision. The plaintiff filed a lawsuit seeking damages from the defendant and the defendant's employer, claiming $287,295 in medical bills, $84,760 in lost wages, and up to $2,000,000 for pain and suffering. The plaintiff's spouse also sought $250,000 for loss of consortium.

The defense disputed the extent of the injuries and their causation, relying on an independent medical examination by a neurosurgeon. The defense expert testified that the L-5 fracture was minor and that the plaintiff suffered from an undiagnosed stenosis, suggesting the subsequent surgeries were incorrect or unnecessary. This expert also questioned the efficacy of the plaintiff's pain management treatment. The defense presented a social media photo from July 2011, showing the plaintiff boating, while he was purportedly unable to work. The defense argued that the crash caused only a minor wrist fracture and a back injury that resolved within three months, asking the jury to award damages only for these limited injuries and to reject the consortium claim.

A Louisville jury deliberated for five hours, returning an 11-1 verdict in favor of the plaintiff for damages only. The jury awarded $54,685 for medical expenses, $8,254 for lost wages, and $260,000 for pain and suffering. The jury largely rejected the claimed disc injury and denied the spouse's loss of consortium claim. The total raw verdict amounted to $332,939. A judgment was subsequently entered and paid.