Knott County Rear-End Collision Settles for $750,000

A low-speed rear-end collision occurred on October 11, 2017, in Whitesburg, Knott County, when a vehicle driven by the defendant struck the rear of a car in which the plaintiff, then a 60-year-old county clerk's office employee, was a passenger. The collision caused minimal damage, and no injuries were reported at the scene. The defendant conceded fault for the crash. However, the plaintiff was later driven to an emergency room in Hazard and subsequently reported radiating neck and back pain, seeking treatment from a chiropractor and a neurologist.

The plaintiff filed a lawsuit, alleging the collision aggravated pre-existing degenerative conditions, leading to significantly increased pain and requiring extensive medical treatment. A neurosurgeon in Lexington evaluated the plaintiff, recommending cervical fusion and multi-level lumbar surgery. The plaintiff sought $73,000 for past medical bills, $160,000 for future surgeries, and an additional $5 million for past and future pain and suffering.

The defense argued the incident was minor, emphasizing the minimal damage and the plaintiff's extensive pre-existing medical history, including a fall in 2010. An independent medical examiner, an orthopedic surgeon in Cincinnati, Ohio, testified that only 30-50% of the plaintiff's complaints were crash-related, with the remainder attributed to the normal progression of degenerative disc disease.

Before closing arguments, the parties entered a Hi-Lo agreement setting the payout parameters between $750,000 and $1.5 million. A Whitesburg jury deliberated on damages and awarded the plaintiff $70,000 for past medical expenses and $300,000 for past pain and suffering, totaling $370,000. No damages were awarded for future medical expenses or future pain and suffering. As the jury's verdict was below the agreed-upon low of $750,000, the plaintiff will receive the $750,000 stipulated by the Hi-Lo agreement.