Mayfield, Kentucky Jury Issues Defense Verdict in Obstructed View Crash

A plaintiff alleged bilateral rotator cuff injuries resulted from paramedics' forceful removal of the plaintiff from a motor vehicle accident. The plaintiff filed a lawsuit against the defendants, presumably alleging negligence in the plaintiff's care. The court granted the defendants' motion for summary judgment in September 2006, concluding the case in favor of the defense.

The employer, Star*Tel Systems, appealed a decision by an administrative law judge in Kentucky. The judge had previously determined that an employee sustained a permanent and total disability following a work-related motor vehicle accident. The appeal challenged the judge's opinion, order, and award.

A lawsuit stemmed from a motor vehicle and pedestrian collision. The plaintiff presented expert testimony related to life care planning and rehabilitation, indicating claims for long-term care and disability. The defendant countered with expert testimony from fields including psychology, neuropsychology, and orthopedic surgery. The parties reached a resolution, and the case was concluded with a stipulated dismissal in April 2019.

A collision occurred on September 20, 2012, on Kentucky Avenue near Floyd Street in Louisville. The plaintiff, then age 41, was making a right turn when the defendant pulled from a space to the plaintiff's right, resulting in the crash. The plaintiff sustained a rotator cuff injury that required surgical repair. The plaintiff filed a lawsuit, alleging the defendant negligently pulled from a parking lane into the plaintiff's path. The plaintiff sought $3,917 for past medical expenses, up to $15,000 for future medicals, and $120,000 for pain and suffering. The defendant denied liability, arguing she was in a turn lane, not a parking lane. An independent medical examiner for the defense also linked the plaintiff's shoulder issues to pre-existing degenerative conditions. Following a trial, a jury found in favor of the defendant on the issue of liability. A defense judgment was subsequently entered, and the plaintiff received no damages.

On July 7, 2020, a vehicle driven by the plaintiff was rear-ended by the defendant's vehicle on Cane Run Road. The minor collision resulted in no immediate injuries, but the plaintiff later sought chiropractic treatment for claimed soft-tissue symptoms, incurring over $10,000 in medical bills and seeking pain and suffering. The plaintiff filed a lawsuit against the defendant for damages. The defendant disputed negligence, asserting the plaintiff stopped suddenly and that claimed injuries were not compensable due to the minor impact. The defense also presented testimony that the plaintiff, post-collision, asked them to falsely identify the driver and later suggested they visit the plaintiff's chiropractor to "make some money," a proposition they claimed to have explored but rejected. The plaintiff denied these allegations, and the court limited cross-examination of the defendant's passenger on his criminal history. After a three-day trial, the jury was instructed to first determine if the plaintiff met specific injury and medical expense thresholds, and then to consider liability. The jury first found (10-2) the plaintiff had not sustained a permanent injury or incurred $1,000 of necessary medical expenses. They then unanimously concluded the defendant was not negligent, halting deliberations before assessing damages. The court entered judgment for the defendant. The plaintiff subsequently filed a motion for judgment notwithstanding the verdict, arguing for a directed verdict on liability and medical bills, and citing improper tainting of proof and an error in seating a juror excused for cause. The defendant countered the juror objection was flawed and that the verdict aligned with evidence. The motion remained pending.