Louisville, Kentucky Jury Awards $7,898 in Crosswalk Collision

On May 5, 2015, in Louisville, Kentucky, a pedestrian was struck by a vehicle while crossing Bardstown Road at its intersection with Eastern Parkway. The pedestrian was in a marked crosswalk with a "Walk" signal. The driver, making a left turn, stated that sun glare prevented her from seeing the pedestrian. The collision resulted in soft-tissue injuries for which the pedestrian received emergency room treatment. The injured pedestrian, as the plaintiff, subsequently filed a lawsuit against the driver, the defendant, alleging negligence and claiming damages for medical expenses and suffering.

The plaintiff argued she had the right-of-way. The defendant countered, asserting the plaintiff failed to keep a proper lookout and disputing the extent of damages due to a five-month delay in follow-up medical care. A jury ultimately assessed both parties equally at fault, assigning 50 percent comparative fault to each. The jury awarded the plaintiff $25,797 for medical expenses but awarded zero for future medical care, past suffering, and future suffering. A final judgment of $7,898 was entered for the plaintiff, reflecting reductions for personal injury protection and comparative fault. The case concluded without further post-trial motions.