Montgomery County Jury Awards $248,737 in Near Head-On Collision

In July 2022, a 19-year-old college student was involved in a near head-on collision on Grassy Lick Road in Montgomery County. The at-fault driver, who was later arrested for drunk driving and pleaded guilty, reportedly crossed into the plaintiff's lane. The collision caused the plaintiff's truck to spin off the road. The plaintiff sustained a comminuted dislocated shoulder and a separate closed fracture, requiring surgical repair and the permanent implantation of three screws. Medical bills totaled $27,687, with claimed lost wages of $6,050.

The plaintiff first received the $25,000 policy limits from the at-fault driver's insurer, then filed a lawsuit against their own underinsured motorist (UIM) carrier, which had $50,000 in UIM policy limits. The plaintiff sought compensation for medical expenses, lost wages, and significant damages for past and future pain and suffering. A vocational expert testified that the plaintiff's injury would impair their ability to pursue preferred outdoor careers, estimating a vocational impairment of $1,836,100, based on a projected career as a high school teacher versus higher-earning physically demanding roles. The defendant insurer argued to minimize the claimed injury. The court excluded evidence of the at-fault driver's intoxication, ruling it would be prejudicial to the UIM carrier.

Following a two-day trial in Mt. Sterling, the jury awarded the plaintiff $27,687 for medical expenses, $6,050 for lost wages, $15,000 for future medical expenses, and $50,000 for vocational impairment. The jury also awarded $100,000 for past pain and suffering and $50,000 for future pain and suffering. The total verdict amounted to $248,737, exceeding the plaintiff's UIM policy limits of $50,000. At the time of this report, no final judgment had been entered.