Louisville Judge Awards $12,000 in Rear-End Collision Bench Trial

A rear-end collision occurred on July 29, 2016, on Hill Street at 22nd in Louisville, Kentucky. A vehicle carrying four passengers, including two minors, was stopped at a red light when it was struck from behind by another vehicle. Occupants of the struck vehicle described a hard impact, while the striking driver characterized it as a tap. No injuries were reported at the scene of the crash. Four days later, one passenger sought treatment, with others following 34 and 40 days post-crash, all for soft-tissue symptoms.

The four passengers subsequently filed a lawsuit against the driver of the striking vehicle, seeking damages for medical bills and pain and suffering. A dispute arose during discovery when the defendant failed to appear for a deposition. The court sanctioned the defendant and found in favor of the plaintiffs on liability and causation, setting the case for a bench trial on damages only. The defendant argued the crash was minor, no injuries were reported immediately, and the plaintiffs sought legal counsel after chiropractic treatment.

The court heard the case in May 2019 and issued an interlocutory order in June, which became a final order on December 12, 2019. One plaintiff was awarded $12,000 for medical expenses and pain and suffering. The other three plaintiffs received their claimed medical expenses plus $6,000 each for pain and suffering, with all awards adjusted to deduct personal injury protection (PIP) payments.

Following the judgment, the defendant filed an appeal. The plaintiffs also moved to amend their complaint to seek attorney fees for their efforts to recover PIP payments. Both the appeal and the attorney fee question remain pending.