Varellas & Varellas has obtained another favorable verdict for its client from a Fayette County jury. After three days of trial, the jury awarded the Plaintiff raw damages of $355,000, including her past medical expenses of $105,000, as well as an additional $250,000 for pain and suffering after she sustained injuries to her face, hand, fingers and knees as an automobile passenger at the time of the collision. The verdict was reduced by 20% due to apportionment of fault. After the collision, the Plaintiff required progressive medical treatment for her knees including injections, arthroscopic surgery and eventual knee replacements.
The driver who caused the wreck was not insured so the Plaintiff proceeded directly against her own uninsured motorist policy issued by Auto-Owners Insurance Company. Auto-Owners was permitted to argue at trial that its liability should be significantly reduced because the Plaintiff was not wearing a seat belt at the time of the collision (despite her having a doctor’s note restricting her use of a seatbelt), but the jury only apportioned 20% of fault to the Plaintiff. William Smock, M.D., biomechanical expert, testified on behalf of the Plaintiff and Michael Voor, Ph.D., Professor at the University of Louisville, testified on behalf of Auto-Owners.
The verdict for the Plaintiff was nearly twice the limit of the Auto-Owners insurance policy and nearly 15 times the highest amount offered as settlement by Auto-Owners over the course of more than 5½ years since the claim was filed.
This Plaintiff’s verdict, along with the $2.4 million jury verdict returned in a previous case tried by Varellas & Varellas in 2015, are among the largest verdicts awarded by juries in Fayette Circuit Court in the past several years in cases involving personal injury or wrongful death. The case was tried by Sandra Varellas and Todd Varellas. Jim Varellas and Jay Varellas also assisted with the case over the course of the lengthy litigation.
Contact Varellas & Varellas to discuss your potential personal injury, wrongful death, nursing home abuse or neglect, tractor trailer wreck, dump truck accident, and motor vehicle collision claims with one of our experienced trial attorneys. Use our online form or reach us by telephone at 877-634-1519 or locally at 859-252-4473 in Lexington or 502-595-7955 in Louisville.