July 29, 2006
A Fayette County jury awarded more than $700,000 this week to a Corbin woman who suffered neck and shoulder injuries in a 2002 car wreck. On Sept. 24, 2002, James B. Akers, of Beattyville, was driving a Chevy truck at the intersection of Man o’ War Boulevard and Prosperous Place when he clipped the left bumper of Marcia Ashley’s Ford van. Ashley, 54, who complains of neck pain and chronic headaches from soft-tissue injuries, settled her claim against Akers’ insurance company, Kentucky Farm Bureau, in August 2004 for the $50,000 policy limit. Ashley, formerly a hospital surgical technician, then sued her insurance company, State Farm, for underinsured motorist coverage. She and her attorney, Randy Jewell of Barbourville, could not be reached for comment.
After a two-day trial that ended Wednesday, jurors awarded Ashley $31,504 for future medical expenses; $93,156 for lost income; $487,242 for permanent impairment of power to earn money; $25,000 for mental and physical suffering; and $70,000 for future mental and physical suffering. London lawyer Warren Keller, who represented State Farm, said the insurance company has not decided whether it will appeal. Keller said he questioned whether Ashley could have tried to avoid the accident. He also argued that the accident worsened a previous injury that Ashley had. “The jury didn’t accept it,” he said.
Copyright (c) 2006 Lexington Herald-Leader
Record Number: 0608010206