Bailey v. MCM Signs, 05-CI-2758. A driver hit the brakes when he saw a stopped FedEx truck in the lane ahead of him. The brakes failed, so the driver swerved to avoid the truck. As a result, he collided with a car in which Laura Bailey was riding. Bailey asserted the following injuries: an open pilon fracture, PTSD, depression, and obsessive compulsive disorder. All the psychological afflictions were identified by her expert psychiatrist, Dr. Robert Granacher. Richardson Law Group, representing the defendant, argued that the brake failure constituted a sudden emergency and strongly contested Bailey’s claims of emotional injury. As a result, the jury returned a $0 verdict. See KYTCR report
