Shively, Kentucky Jury Awards $40,305 in Rear-End Collision with Comparative Fault

A plaintiff filed a lawsuit against a municipal police officer and his employer following a rear-end collision in Shively, Kentucky. The incident occurred on July 10, 2015, during heavy rain on the Watterson Parkway, when the plaintiff's vehicle was struck from behind by an unmarked police cruiser driven by an on-duty assistant police chief. No injuries were reported at the scene, but the plaintiff sought emergency room treatment later that day for soft-tissue symptoms. Approximately 28 days later, the plaintiff began chiropractic treatment for neck pain, followed by a referral to a physical medicine doctor who diagnosed "ligament laxity," described as a permanent injury.

The plaintiff sought to recover approximately $17,579 in medical bills and up to $1.5 million for pain and suffering. The defense contended the collision was minor and argued there was a significant delay between the incident and the commencement of chiropractic treatment, suggesting the ongoing medical care was unrelated to the crash. The defense also presented a medical threshold defense and argued for comparative fault, asserting the plaintiff failed to exercise ordinary care for her own well-being regarding treatment decisions.

After a two-day trial, the jury found the plaintiff met the medical threshold for damages. They apportioned 70% of the fault to the police officer and 30% to the plaintiff for a "violation of a duty of ordinary care for her own well-being." The jury awarded the plaintiff the claimed medical expenses and an additional $50,000 for pain and suffering. A final judgment of $40,305 was entered after accounting for personal injury protection (PIP) benefits and comparative fault, which has since been satisfied.