New Orleans Jury Awards $1,241,773 in DWI Rear-End Collision

A two-vehicle collision occurred on October 13, 2017, in Mayfield, Kentucky, at the intersection of Ky. 131 and Ky. 58. A 16-year-old permit driver, accompanied by a passenger, was making a left turn from Ky. 131 onto Ky. 58 when her vehicle collided with a vehicle operated by an intoxicated driver traveling on Ky. 58. Surveillance video showed the permit driver rolled through the stop sign and flashing red light before turning into the path of the oncoming vehicle. The intoxicated driver's blood alcohol content was later measured at .219. Both the permit driver and the passenger sustained severe injuries and required extensive medical treatment, with combined medical bills totaling over $900,000. After settling with the intoxicated driver and receiving underinsured motorist coverage, the injured parties, as plaintiffs, filed a lawsuit against Arrowhead Camper Sales. The business was located adjacent to the intersection, and the plaintiffs alleged it contributed to the crash by parking campers and trailers too close to the right-of-way, obscuring the permit driver's view of oncoming traffic. They claimed both a statutory violation under KRS 177.106 and general negligence. The plaintiffs presented an accident reconstruction expert and local witnesses who described long-standing visual challenges at the intersection due to the parked campers. The defendant, Arrowhead Camper Sales, denied its campers obstructed drivers' views, asserting that its owner had navigated the intersection thousands of times without issue. The defense's accident reconstruction expert testified that drivers had an unobstructed view of over 1,000 feet just beyond the stop sign. The defense maintained the crash resulted from the combined negligence of both drivers involved in the collision. The case proceeded to an 11-day trial in Mayfield. After an hour of deliberation, the jury returned a unanimous verdict on liability in favor of Arrowhead Camper Sales. The jury's finding for the defendant meant they did not reach questions regarding the duties of the drivers or the extent of damages. A defense judgment was subsequently entered.

On May 26, 2004, a plaintiff was a passenger in an automobile that was rear-ended near the intersection of Bedford Avenue and De Kalb Avenue in Brooklyn. The plaintiff's vehicle was preparing to make a U-turn when the collision occurred. The plaintiff subsequently filed a lawsuit, alleging the driver of the striking vehicle was negligent and the vehicle owner was vicariously liable. The defendants conceded liability, and the case proceeded to trial solely on the issue of damages. The plaintiff claimed to have sustained a herniated disc at C5-6, seeking medical treatment 21 days after the incident. Treatment included chiropractic care, acupuncture, massage therapy, and hot and cold packs over several months. The plaintiff reported missing two days of work and alleged permanent neck pain, decreased range of motion, and episodes of immobility, asserting an inability to engage in activities such as dancing, playing basketball, or wearing high heels. A family medicine physician testified on the plaintiff's behalf. The defendants argued that any injuries sustained by the plaintiff resolved within 90 days of the accident, with the decreased range of motion improving within three months. A radiologist testified for the defense, stating that the plaintiff's MRIs were normal and indicated no injury. Prior to the verdict, the parties agreed to cap any damages award at $25,000, which represented the policy limits. The plaintiff had also settled a claim with the driver of the vehicle in which she was a passenger for $3,500. Following the trial, a jury awarded the plaintiff $30,000, including $10,000 for past pain and suffering and $20,000 for future pain and suffering. The final recovery was then reduced to the agreed-upon $25,000 cap.

A rear-end collision occurred on Highway 80 in Perry County on August 25, 2014. The defendant, who was reportedly checking to see if the road was clear to pass, struck the plaintiff's vehicle. The defendant stipulated fault for the moderate collision. The plaintiff, a 64-year-old retired coal miner, was treated and released from a local emergency room for apparent neck and back strain, then sought follow-up care with a family doctor before beginning chiropractic treatment. Evidence also indicated a disc protrusion in the plaintiff's neck. The plaintiff filed a lawsuit blaming the defendant for the injuries sustained. Medical proof at trial included testimony from a chiropractor and an orthopedic expert. The plaintiff sought damages for medical expenses totaling $18,156 and $500,000 for pain and suffering. The defense argued that the plaintiff exaggerated the injuries, presenting expert testimony suggesting only a temporary strain that should have resolved quickly and that the disc protrusion was pre-existing and unrelated to the crash. The defense also questioned the plaintiff's credibility regarding a prior accident from 25 years earlier, which the plaintiff had denied during a deposition but had previously pursued a lawsuit over. The plaintiff stated a lapse of memory for the prior incident. During deliberations, the jury requested to see the police report and the deposition from the plaintiff's prior accident case, but the judge informed them these items were not admitted into evidence. After 90 minutes of deliberation, the jury awarded the plaintiff $12,000 for medical bills and $110,000 for pain and suffering, totaling $122,000. Prior to the verdict, the parties had entered a Hi-Lo agreement with parameters of $100,000 to $25,000. Consequently, judgment was entered for the plaintiff in the sum of $100,000.

A rear-end collision occurred in Norwood, Ohio, on November 14, 2017, involving the plaintiff and an at-fault driver. The plaintiff sustained a C5-6 disc injury, requiring fusion surgery approximately ten months after the crash, and an L4-5 injury, which led to a microdiskectomy in December 2018. Medical bills for these treatments totaled $80,739. The at-fault driver's insurer settled for its $25,000 policy limits without a lawsuit. Following the initial settlement, the plaintiff filed an underinsured motorist (UIM) action against their own insurer, seeking compensation for medical expenses and pain and suffering. The plaintiff's insurer disputed the extent of damages, presenting testimony from a defense orthopedic expert who concluded the plaintiff's treatment course was unrelated to the crash, citing a thirteen-year history of similar symptoms. The defense also raised a $1,000 medical expense threshold defense. The case proceeded to a two-day jury trial in Florence, focusing on causation and damages. The jury first determined the plaintiff met the $1,000 medical threshold. They then awarded the plaintiff $80,939 for medical expenses and an additional $195,000 for pain and suffering, totaling $275,939. A judgment was entered for $240,739, accounting for the underlying policy limits and personal injury protection (PIP) coverage. The defense had made an $18,000 offer of judgment.

On June 19, 2019, in Brandenburg, Kentucky, a vehicle driven by the plaintiff was rear-ended by another driver while stopped in traffic on Old Mill Road. Although the plaintiff's truck sustained no visible damage and airbags did not deploy, the plaintiff reported immediate neck pain and a headache. The plaintiff was transported to a local hospital, treated, and released for an apparent soft-tissue injury. The at-fault driver was uninsured, prompting the plaintiff to seek uninsured motorist coverage from his insurance carrier, the defendant. The defendant conceded fault for the collision but contested the extent of the plaintiff's damages. The plaintiff subsequently underwent physical therapy and pain management treatments, including spinal injections for continued neck and back pain, reporting some improvement. The defendant's orthopedic physician, through an independent medical examination, opined that the plaintiff sustained only a temporary strain superimposed on pre-existing conditions and that much of the subsequent medical treatment was unrelated to the crash. The defendant tendered a pre-trial offer of $200,000. The case proceeded to a three-day trial in Brandenburg, where the jury considered only damages. The jury, by a 9-3 vote, awarded the plaintiff $50,728 for past medical expenses, $50,000 for future medical care, and $20,000 for pain and suffering, for a total of $120,728. A judgment consistent with the verdict was entered. The defendant later moved to delay enforcement of the judgment until the plaintiff satisfied a Medicare lien.