Porter v. Allen

Case Summary

Bill Orberson and David Giesel successfully defended a personal injury action brought against their client in Jefferson Circuit Court. Plaintiff claimed significant damages as a result of a three-car motor vehicle accident which took place on 11/06/14. The initial impact between the defendant’s vehicle and the center car was significant and caused the center vehicle to rear end the plaintiff’s car. The severity of the impact between the center car and the plaintiff’s vehicle was contested. The defendant conceded fault and the case was tried solely on the issue of damages. Plaintiff claimed cervical disc bulges/protrusions and a shoulder injury. She sought medical expenses in the amount of $16,500, lost income in the amount of $3,600, and pain and suffering in the amount of $300,000. The case was tried over three days and the jury awarded $3,249.25 for medical expenses and nothing for lost wages or for pain and suffering. Because of the “set off” provided in the Kentucky Motor Vehicle Reparations Act, judgment in the defendant’s favor was granted.