Winchester, Kentucky Jury Awards $601,853 in Rear-End Collision

In April 2020, the plaintiff, an electronic technician, was driving on the Mountain Parkway near Winchester, Kentucky, when a Chevrolet Silverado pickup truck rear-ended her SUV. The defendant driver was operating the vehicle for his employer, a contracting company. The collision occurred during rain, causing the plaintiff's airbags to deploy and her rear glass to break. She was transported to a local emergency room and later treated for an aggravated SI joint injury, a frozen shoulder, and significant emotional injury, including PTSD.

The plaintiff filed a lawsuit against the driver and his employer, seeking damages for her injuries, which she alleged were life-changing. She claimed over $1.4 million in lost earning capacity and $11.3 million for pain and suffering. Liability for the collision was not disputed by the defense. However, the defendant employer minimized the claimed injuries, arguing that some conditions were pre-existing and that the plaintiff was exaggerating her emotional complaints. Experts for both sides testified on the authenticity of the plaintiff's emotional injuries and the nature of her physical conditions.

The case proceeded to trial on the issue of damages only. The court instructed the jury to consider whether the plaintiff had failed to mitigate her damages by not fully seeking treatment, including declining an MRI due to claustrophobia. After deliberation, the jury awarded the plaintiff $101,853 for medical expenses and $500,000 for pain and suffering, totaling $601,853. A judgment consistent with the verdict was entered by the court.