Irving, Texas Motor Vehicle Negligence Settles for $28,500

A plaintiff filed a lawsuit following a rear-end motor vehicle collision that resulted in neck and brain injuries. The case concluded with an award of $106,000. This amount was subsequently adjusted to $96,000. Few other details about the proceedings were available.

A vehicle collision occurred in May 2008 on Stony Brook when a teenager, pulling from a private drive, struck a childcare worker's vehicle. The childcare worker sustained soft-tissue neck pain and was transported to the emergency room. Liability for the collision was later established by summary judgment. The injured worker subsequently filed a lawsuit in Louisville, seeking damages for medical bills, lost wages, impairment, and pain and suffering. The plaintiff's case was complicated by involvement in a second crash a month later, though injuries were distinguished. The defendant disputed the claimed injuries, citing credibility, lack of objective proof, and a "threshold" defense. The jury found the plaintiff met the medical expense threshold but did not sustain a permanent injury. Ultimately, the jury awarded the plaintiff $8,184 for medical expenses but $0 for lost wages, impairment, and pain and suffering, resulting in a total verdict of $8,184. A judgment consistent with this verdict was entered. The plaintiff later moved for a new trial, arguing the verdict was inadequate. The defendant countered, citing credibility issues. The motion was pending as of June 2016.

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 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.