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Full Citation Randy Kelly, et al., v. Belinda McFarland, et al., and Metropolitan Property and Casualty Insurance Company v. Progressive Preferred Insurance Company and John Deere Insurance Company; Civil Action No. 99-435-JMH
Court U.S. District Court, Eastern District of Kentucky, Lexington
Facts of Case Female with two years of college sustained head and facial injuries resulting in constant pain and difficulties with standing, walking, bending, climbing, lifting more than 20 pounds, concentration, memory, making decisions, learning new material, organizing complex information, following directions, and depression  
VEI Analysis Lost earnings in a range from $590,185 to $757,521 based on a reduction in earnings and worklife
Challenge Not received
Challenge Issues

Expert qualifications

Medical support

Pre-injury and post-injury earning capacity

VEI response VEI was not given the opportunity to respond to this challenge; knowledge of the challenge was received after the judge's opinion was issued.  Plaintiff attorney issued no defense of the challenge, leaving the judge no choice but to grant the motion to exclude testimony.
Results Challenge successful (May 24, 2002)
 

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