Clark County Jury Awards $601,853 After Rear-End Crash on Mountain Parkway Leaves Woman With Shoulder, Hip, and PTSD Injuries
Won by Isaacs & Isaacs.
A Clark County jury awarded $601,853 to a woman rear-ended in the rain on the Mountain Parkway, finding her shoulder and hip injuries, PTSD, and lost income were caused by the collision despite a defense claim that she had exaggerated her symptoms.
What happened
On a rainy day on the Mountain Parkway in Clark County, Kentucky, the plaintiff was driving at a reduced speed when the defendant's vehicle struck her from behind. The defense characterized the impact as moderate, but the plaintiff said it triggered a cascade of physical and psychological harm that did not resolve on its own.
She developed pain in her shoulder and hip that persisted well past the collision. She also reported PTSD symptoms and chronic difficulty sleeping. The combination left her unable to return to work, adding a wage-loss claim on top of her pain-and-suffering damages. Her treating providers billed $61,077 in medical expenses, a figure her attorneys chose not to present to the jury, instead keeping the focus on continuing pain and lost income.
Cherry Henault and David Scott of Isaacs and Isaacs (Louisville) presented the plaintiff's case to the jury in Winchester. The plaintiff's psychiatric expert, Timothy Allen of Lexington, testified in person about the PTSD diagnosis and its ongoing effect on her daily life. The defense called its own psychology expert, Richard Edelson, who told the jury the plaintiff was malingering and that her reported symptoms were driven by secondary gain rather than genuine injury. Judge Cole Maier presided.
The jury rejected the malingering theory. It awarded $101,853 for lost wages and $500,000 for pain and suffering, for a total of $601,853. The verdict was returned March 15, 2024. No post-verdict reduction or appeal has been reported in coverage reviewed for this summary.
Sources
This account is drawn from contemporaneous public reporting and the court record.