A couple of weeks ago in McCreary County Kentucky a Jury returned a $5.14 Million Verdict to a man whose wife and daughter were Victims of a Kentucky Wrongful Death Car Wreck. The award went to Charles Rose Sr. and his son for Medical Bills, Pain and Suffering, Lost Future Wages and Loss of Companionship.
The case was against the County Deputy Sheriff who was driving some 90-95 Miles an Hour in a Zone where the limit was 45MPH. The jury placed 70 percent of the liability on the Sheriff and 30 percent of the liability on Alice Rose who pulled into the path of the speeding Deputy.
This case illustrates a growing trend in cases against police agencies for Car Wreck Injuries and Wrongfuld Deaths from collisions with police cars. I recently wrote about a similar blog post on a Kentucky Auto Accident Wrongful Death in Calloway County.
This case is also a good illustration of a Personal Injury Case wherein the Jury Awards Damages based on Comparitive Fault. Not all states have Comparative Fault and that is a topic for another post. In Kentucky, a Negligent party is responsible for the Damages they caused based upon their proportion of fault.
In this case the Deputy (really his Insurance Carrier), will be responsible for 70% of the $5.14 Million Verdict. Moreover, the family will not recover for the 30% liabilty that the Jury placed upon Alice Rose, the daughter.
I have handled these types of cases before and there are many complexities to them. I applaud the McCreary County Jury for their Verdict.