Kings County Pedestrian Hit-and-Run Settles for $25,000

A plaintiff alleged she was injured when her vehicle was rear-ended in traffic, subsequently pushing it into a third car. After settling with the at-fault driver for $25,000, which represented the policy limit, she sought underinsured motorist (UIM) coverage from her insurer, State Farm Mutual Automobile Insurance Company, claiming her damages exceeded that amount. State Farm denied the UIM benefits. The plaintiff, joined by her husband for a loss of consortium claim, filed suit in the Colorado First Judicial District for the County of Jefferson. The complaint alleged breach of contract, bad faith breach of insurance contract, and violations of Colorado statutes. State Farm asserted affirmative defenses, including failure to mitigate damages. Following a jury trial, the jury rendered a verdict for State Farm. It found the plaintiff failed to cooperate with State Farm's investigation, that these actions were material, substantial, and disadvantaged the insurer, and that she intentionally misrepresented material facts. The court entered judgment for State Farm. The parties later stipulated to dismiss the case with prejudice, with State Farm waiving costs in exchange for the plaintiff's waiver of appellate rights. The court granted the dismissal.

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.

On March 31, 2015, a head-on collision occurred on Dixie Highway near Pages Lane, Kentucky, when an at-fault driver ran a red light. The plaintiff, not wearing a seat belt, sustained soft-tissue injuries and sought emergency care the next day; her minor daughter also sustained a laceration. The plaintiff first settled with the at-fault driver for $25,000. The plaintiff then filed an underinsured motorist (UIM) claim against her insurer, seeking medical expenses and pain and suffering for chronic neck and back pain. The insurer disputed the injury extent, asserting they were minor and degenerative. The insurer also argued the plaintiff's non-use of a seat belt contributed to her damages. Expert medical testimony addressed the severity and origin of the plaintiff's reported symptoms. The at-fault driver's liability was not contested at the UIM trial. A Kentucky jury found the at-fault driver 90% at fault and the plaintiff 10% at fault for not wearing a seat belt. The jury awarded $17,985 for medical expenses and $133,750 for pain and suffering, totaling $151,735. During deliberations, the jury questioned the court about agreeing on a damage number. A final judgment was anticipated to reflect deductions for comparative fault and prior payments.

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 plaintiff filed a medical malpractice lawsuit alleging a nurse negligently administered an injection, causing permanent injury. The plaintiff, who received injections for migraine headaches, claimed the defendant nurse failed to properly calculate anatomical landmarks before administering Phenergan in the right hip area. The plaintiff asserted that the caustic material was injected near the sciatic nerve, causing immediate severe pain, numbness, and a permanent limp. The plaintiff later developed Complex Regional Pain Syndrome (CRPS) and underwent surgical implantation of a neurostimulator for pain management. The defendant denied negligence, arguing the injection was not given in the wrong area and was unrelated to the plaintiff's complaints. The defendant noted a lack of immediate documentation for the plaintiff's pain complaints. The plaintiff countered that she reported immediate pain to the nurse and made documented complaints the following day. The plaintiff also argued that the nurse's deposition testimony, which demonstrated her landmark calculation, indicated an improper starting point for the injection. The defendant further suggested the plaintiff's difficulties stemmed from a car accident occurring several weeks after the injection. The plaintiff disputed this, stating the collision primarily resulted in cervical complaints and did not cause new hip issues, emphasizing consistent hip pain reports since the injection. After a week-long trial, the jury found for the plaintiff, awarding $2,000,000 for past and future pain and suffering. This award was subsequently reduced to $755,000 to comply with Maryland's medical malpractice cap on non-economic damages for the year the cause of action arose.