Louisville Jury Issues Defense Verdict in UIM Rear-End Collision

A driver filed a lawsuit following a December 2011 rear-end collision on an I-64 exit ramp in Louisville, Kentucky. The plaintiff's SUV was struck by another vehicle, resulting in minor damage to her vehicle but more significant damage to the defendant driver's sedan. The plaintiff, who claimed chronic neck pain and a mild brain injury from the incident, initially settled with the defendant driver for $90,200, representing most of the available policy limits. She then pursued an Underinsured Motorist (UIM) claim against her own insurer, seeking compensation in excess of the initial settlement.

During the trial, the plaintiff sought $52,233 for medical expenses, $53,134 for lost wages, and up to $150,000 for pain and suffering. The defendant driver asserted the plaintiff caused the accident by stopping suddenly. The insurer, as a defendant in the UIM claim, contested the extent of the plaintiff's injuries. Defense medical experts testified that the plaintiff's symptoms were exaggerated, attributing them to a histrionic and possibly factitious disorder, and concluding any injury was a temporary soft-tissue issue. The defense also presented the plaintiff's social media photographs, depicting an active lifestyle, to challenge the claimed severity of her injuries.

A jury found the defendant driver solely at fault for the collision. On damages, the jury awarded the plaintiff $20,000 for medical expenses, $11,000 for lost wages, and $75,000 for pain and suffering, totaling $106,000. After a $10,000 reduction for personal injury protection (PIP) benefits, the adjusted verdict was $96,000. Since this amount did not exceed the $100,000 primary policy settlement, a defense judgment was entered for the plaintiff's insurer on the UIM claim.