Paintsville, KY Jury Awards $198,242 in Rear-End Collision

In September 2015, a 49-year-old plaintiff was stopped on a highway in Paintsville, Kentucky, waiting to turn, when a commercial vehicle rear-ended her car. The defendant driver, an employee of a contracting company, was found at fault for the collision. The plaintiff's vehicle was towed from the scene, but she did not seek emergency medical treatment at that time.

The plaintiff subsequently filed a lawsuit against the defendant driver and the defendant employer, seeking damages for injuries sustained in the crash. She reported soft-tissue complaints, neck and back pain, headaches, and later, a rotator cuff tear requiring surgery in May 2017. The plaintiff claimed medical expenses, lost wages, household expenses, and pain and suffering, totaling over $2.6 million. Medical and accident experts provided testimony to support her claims.

The defendant employer disputed the extent of the claimed injuries, particularly the rotator cuff tear. An orthopedic expert for the defense argued the tear was not acutely related to the crash, noting the plaintiff did not report shoulder pain until two months post-incident and suggesting such injuries are common in individuals over 50, possibly resulting from daily activities. The defense also unsuccessfully objected to the use of written deposition testimony from the plaintiff's orthopedic surgeon, citing a lack of real-time cross-examination.

The case proceeded to a three-day jury trial where, with liability resolved in favor of the plaintiff, the jury deliberated solely on damages. The jury awarded the plaintiff $13,375 for past medical expenses, $36,025 for future medical care, $5,200 for past household expenses, $4,642 for lost wages, and $139,000 for pain and suffering. The jury rejected claims for future household expenses. A raw verdict of $198,242 was returned, leading to a judgment of $172,264 after deducting personal injury protection benefits, which has since been satisfied.