Back to Webinars Schedule
Daryl Dixon

Daryl Dixon

Garrard v. Northern Kentucky Water District

TLU Icon May 20, 2026 ||Zoom Logo

Register NowZoom Icon

Campbell Circuit Court, Kentucky | Case No. 24-CI-00099
Verdict: $332,000.00

CASE SUMMARY

Plaintiff: Jenny Garrard (Age 49 at collision)
Defendants: Northern Kentucky Water District; Jonathan K. Daniels (employee/driver)
Date of Incident: August 3, 2023
Theory: Negligence / Respondeat Superior

THE COLLISION

Jenny Garrard was stopped at a red light on US 27 in Cold Spring, Kentucky. Jonathan Daniels, driving a 2023 Kenworth T480 dump truck for the Water District, rear-ended her vehicle when the light turned green—mistakenly believing she had begun moving forward.

Key Admissions from Defendant Driver:

When asked what he could have done differently: "Focused more"

Could not recall distance behind plaintiff's vehicle or whether he was using his cell phone

Had not seen photographs of vehicle damage despite characterizing collision as a "bump"

Critical Procedural Development: Defense stipulated to duty and breach, conceding liability. Trial focused solely on causation and damages.

DIAGNOSED INJURIES

Cervical Spine

Disc herniations at C4-5, C5-6, C6-7; ligament sprain; muscle strain; cervicogenic headaches

Lumbar Spine

L4-L5 disc herniation (4.5mm) with stenosis, foraminal narrowing, annular fissure; L5-S1 disc herniation (3.5mm); Grade 1 anterolisthesis

Left Knee

Medial femoral condyle contusion; Grade 1-2 MCL sprain (resolved)

Neurological

Concussion; PTSD

DAMAGES

Past Medical Bills - $28,638.56

Future Medical Bills - $500,885.15

Past Pain & Suffering - $1,000,000.00

Future Pain & Suffering - $2,000,000.00

TOTAL - $3,529,523.71

Verdict - $332,000.00

KEY TRIAL THEMES

Plaintiff:

"MRIs Don't Lie" – Objective imaging showed structural damage

"Forever Injury" – Permanent disc herniations requiring lifetime care

Admitted fault through stipulation

"Health is the most treasured gift we have"

Defense:

Pre-existing/degenerative conditions

Subjective complaints unsupported by objective findings

Excessive chiropractic treatment (100+ visits)

Minor "bump" collision

Plaintiff told defendant at scene she was not injured

LESSONS LEARNED
  1. Stipulated Liability – Simplifies trial but shifts entire focus to damages; limits emotional impact of fault evidence.
  2. Objective Imaging is Critical – 3.0 Tesla MRI provided undeniable visual evidence of disc herniations that resonated with the jury.
  3. IME Expert Vulnerabilities – High-volume IME practice (20-60/month), one-hour exam vs. years of treatment, and contradictory reports undermine credibility.
  4. Pre-Existing Conditions – Proactively address through experts; Dr. Castillo acknowledged prior anxiety could be aggravated by trauma.
  5. Life Care Planning – Comprehensive future care plan from qualified physiatrist provides concrete framework for future damages.
  6. Verdict Analysis – $332,000 suggests jury likely awarded past medicals and some future care but was skeptical of full permanency argument or high pain/suffering demand. Extensive chiropractic treatment may have concerned jurors.
  7. The "Bump" Defense – Undermined by damage photographs showing destroyed rear end and shattered windshield.
CONCLUSION

This case illustrates the critical importance of objective medical evidence, qualified expert witnesses, and proactive management of pre-existing conditions. While the verdict was significantly below the demand, it represented meaningful compensation and established defendant responsibility. The stipulation to liability streamlined trial but may have reduced the emotional weight of defendant's conduct.

If you can't attend Live, Watch On Demand