Personal Injury Verdict: $500,000

From The Kentucky Trial Court Review -- In this case, Knipp pulled into the path of Milby causing an automobile accident. Milby settled with Knipp for the policy limits of $100,000 and this case proceeded against Nationwide solely for an underinsured motorist claim. The jury perceived the claim to be against the defendant Knipp solely. The limits of this policy were $50,000. McMurry filed suit when Nationwide stopped communicating with him. The UIM and bad faith claims were bifurcated. Prior to trial, McMurry demanded the policy limits; one week before trial, Nationwide offered $10,000.

Milby's injuries primarily are a "mild traumatic brain injury" which has resulted in severe headaches and it takes her longer to accomplish simple tasks. However this was not diagnosed until several months after the accident. After her first MRI, Dr. Steinbock at Baptist East detected no problem. But as problems persisted, she visited Dr. Aaron a neuro-radiologist who heads U of L's radiology department. Aaron immediately diagnosed a trauma injury, and rebuked the prior doctor strongly. In total, Milby incurred medicals in the sum of $44,784. There was also evidence Milby had a minor automobile accident previously and several physical traumas in her life.

Milby was employed as a nail technician and it now takes her longer to complete her work. Additionally, she had run another business successfully. McMurry's primary experts were Dr. Kraft from the Frazier Brain Center and her treating psychiatrist who specializes in neurological issues, Dr. Miller. His experts testified in person, not by deposition.

McMurry argued that his experts are more competent to diagnose her problem than the radiologist from Baptist East, and that a diagnosis of mild brain trauma is appropriate. Smith utilized a doctor/lawyer from Baltimore who concludes along with Dr. Steinbock that there is not a trauma injury, and moreover if there is, it arises from the variety of traumas Milby endured in her life, and not the accident. Moreover, since she did suffer multiple traumas, one cannot be sure which is the source of her injury.

The four-day trial ended with a finding that liability rested solely with Knipp. The jury awarded the following damages - $201,610 pain and suffering; $39,000 medicals; $84,460 future medicals; $33,875 lost wages and $140,875 permanent impairment for a total of $500,000.