| 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) |
