The Kentucky Court of Appeals has ordered a new trial after evidence was improperly excluded in a bike accident case. In Motorists Mutual Insurance Company v. Thacker, a Pikeville, Kentucky resident was struck by a motor vehicle while riding her bicycle near Palm Beach, Florida. As a result of the crash, the woman endured multiple broken bones and a traumatic head injury. The woman also apparently required psychiatric treatment following the bike accident. After the driver’s liability insurer paid the woman the full policy limits of $20,000 for her accident injuries, she filed a lawsuit in Pike County Circuit Court seeking underinsured motorist (UIM) benefits from her own auto insurance company.
Following a trial, a jury returned a $3.9 million verdict against the woman’s UIM insurer. The jurors also found that the woman was 50 percent responsible for her injuries. The trial court offset the financial compensation the woman received from the motorist’s liability carrier before awarding her more than $1.9 million. The UIM insurer then appealed the jury’s verdict to the Kentucky Court of Appeals.