Dallas County Pedestrian Accident Settles for $52,000

On May 9, 2015, a passenger was involved in a vehicle collision at the intersection of Fifth and Broadway in downtown Louisville, Kentucky. The vehicle carrying the plaintiff was struck by a second car, whose driver had proceeded through a red light. The plaintiff was treated at an emergency room and subsequently for an aggravation of degenerative cervical and disc conditions, incurring medical bills totaling $19,478. After receiving $25,000 from the at-fault driver's insurer, the plaintiff filed a lawsuit in Jefferson Circuit Court against his own carrier, the defendant insurer, seeking Underinsured Motorist (UIM) coverage. The case was later removed to federal court on diversity jurisdiction. The plaintiff claimed $19,478 for medical expenses and $129,000 for pain and suffering. The defendant insurer argued that the claimed injuries were minimal and pointed to the plaintiff's history of similar complaints from a previous accident seven months prior. The case proceeded to a jury trial, which focused solely on the issue of damages. The jury returned a verdict in favor of the plaintiff for $119,478, comprising $19,478 for medical expenses and $100,000 for pain and suffering. This award exceeded the $35,000 threshold required to activate UIM coverage and the $60,000 amount that would have exhausted the defendant insurer's UIM policy. The court subsequently entered a judgment for the plaintiff for the $25,000 UIM policy limits.

A lawsuit stemmed from a motor vehicle and pedestrian collision. The plaintiff presented expert testimony related to life care planning and rehabilitation, indicating claims for long-term care and disability. The defendant countered with expert testimony from fields including psychology, neuropsychology, and orthopedic surgery. The parties reached a resolution, and the case was concluded with a stipulated dismissal in April 2019.

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 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.