Date: 10-16-1997

Case Style: BILLY JOE STEWART and TAMMY BOWLING BADGETT v. SOUTHEASTERN GROUP, INC. d/b/a BLUE CROSS AND BLUE SHIELD; Estate of JAMES E. COOPER; BETTY COOMER COOPER; and WESTFIELD COMPANIES

Case Number: 94-CI-00292

Judge: C. David Hagerman

Court: Circuit Court, Boyd County, Kentucky

Plaintiff's Attorney: James D. Keffer, Michael J. Curtis, and Robert F. Duncan, Ashland, Kentucky

Defendant's Attorney: William P. Emrick of McKenzie, Woolery, Emrick & Webb, P.S.C., Ashland, Kentucky

Description: On October 16, 1992, the appellants were injured in an automobile accident involving James E. Cooper (Cooper). Stewart was driving on Winchester Avenue in Ashland, Kentucky, when Cooper failed to yield the right-of-way and pulled in front of him, resulting a collision of the two vehicles; Badgett was a passenger in the car driven by Stewart. Cooper was arrested at the scene of the accident and was charged with Driving Under the Influence, First Offense, to which he ultimately pleaded guilty. Subsequently, on April 5, 1994, the appellants filed an action against Cooper to recover both compensatory and punitive damages based upon the injuries they sustained in the accident.

Outcome: The jury returned a verdict awarding $27,885.75 to Stewart and $15,337.58 to Badgett in compensatory damages. Additionally, the jury apportioned liability: 80% to Cooper and 20% to the appellants.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed by the Court of Appeals of Kentucky on July 23, 1999.