2008, Adair Circuit Court, KY

Smith v. Turner et al., 08-CI-0083.  Coy Turner was operating a grain truck for his employer.  As he drove, the truck’s left front wheel fell off.  Turner lost control and struck an oncoming Jeep Cherokee driven by Barbara Smith.  Smith sued Turner and his employer for more than $1.6 million.  Richardson Law Group represented the defense, asserting that the wheel’s falling off constituted a sudden emergency.  The defense also implicated Smith’s failure to wear a seat belt, and an expert for the defense testified that Smith could have avoided the accident had she been more attentive.  Finally, Smith’s damages were diminished by the defense’s neurosurgery expert, who opined that Smith’s complaints had a somatic component and that she could return to work.  The jury returned a verdict for the defense, and Smith took $0. See KYTCR report.