Elizabethtown Jury Awards $962,500 in Motor Vehicle Collision

On October 15, 2012, a collision occurred at the intersection of Lowe's Drive and Ring Road in Elizabethtown when a vehicle driven by a plaintiff, with her mother as a passenger, was struck by another vehicle. The defendant driver, who was making sales calls for her employer, Fisher Auto Parts, admitted fault for the crash. Both plaintiffs were transported to Hardin Memorial Hospital for their injuries.

The driver plaintiff was initially treated for a torn quadriceps, later developing persistent radiating back pain. Her physician recommended spinal surgery, which was delayed until 2018 due to pregnancy. The passenger plaintiff sustained soft-tissue neck and back pain, along with a minor brain injury from bumping heads during the collision. The mother and daughter subsequently filed a lawsuit against the defendant driver and her employer, seeking damages for their injuries, including medical bills, future care, and pain and suffering.

The defense challenged the severity of the claimed injuries and asserted a seat belt defense against the passenger plaintiff, referencing medical notes that indicated she was not wearing a seat belt. The jury found the passenger plaintiff was not wearing a seat belt and apportioned 75% of the fault to the defendant driver and 25% to the passenger plaintiff. The driver plaintiff's case did not involve a seat belt defense or apportionment of fault.

The jury awarded the passenger plaintiff $150,000 for pain and suffering, which was subject to a 25% reduction based on comparative fault. The driver plaintiff was awarded $267,089 for medical expenses, $200,000 for future medical care, and an additional $382,910 for pain and suffering, resulting in a total award of $850,000. At the time of this report, no judgment had been formally entered.