Louisville Jury Awards $510,805 in Rear-End UIM Dispute

On October 24, 2013, a driver was rear-ended while exiting I-64 at Cannon's Lane in Louisville, Kentucky. The collision forced the driver's vehicle into a grassy median. The driver, then 65 years old, initially reported no injuries at the scene but later sought treatment for a moderate traumatic brain injury affecting sleep, memory, and concentration, as well as a disc herniation and post-traumatic vision syndrome. The plaintiff claimed these injuries necessitated dropping out of real estate classes and incurred medical bills of $45,805, along with significant lost wages and impairment.

The plaintiff first filed a lawsuit against the at-fault driver, who settled for her $25,000 policy limits. Subsequently, the plaintiff sought underinsured motorist (UIM) coverage from their own insurer, Farm Bureau, under a $300,000 policy. The insurer conceded fault for the accident but disputed the extent of the claimed damages. Its defense relied on expert testimony, including a psychiatrist who diminished the brain injury claim and a radiologist who suggested any brain injury visible on an MRI was pre-existing and not caused by the crash.

After a five-day trial, a jury awarded the plaintiff $510,805. This total included full medical expenses as claimed, $60,000 for lost wages, $30,000 for impairment, $100,000 for past suffering, and $275,000 for future suffering. Despite subtracting the initial $25,000 settlement and $10,000 for personal injury protection (PIP) coverage, the verdict significantly exceeded the UIM policy's $300,000 limit. A judgment was entered against the insurer for the full policy amount, which was subsequently satisfied. The insurer had moved for a new trial, citing several alleged errors by the court, including limitations on introducing medical records and expert testimony, but the judgment remained.