Date: 04-27-1998

Case Style: Warren L. Hoffman v. Yellow Cab Company v. Sharlene and Michael Williams

Case Number: 94-CI-004534

Judge: Thomas B. Wine

Court: Circuit Court, Jefferson County, Kentucky

Plaintiff's Attorney: Brian E. Clare, Louisville, Kentucky for Hoffman

Defendant's Attorney: Armer H. Mahan, Jr. and Petersen S. Thomas of Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, Kentucky for Yellow Cab

Description: Automobile accident - On June 4, 1994, Hoffman, while operating a taxicab owned by Yellow Cab, was involved in a collision caused by Sharlene Williams. Neither Sharlene, nor Michael Williams, Sharlene's husband and the co-owner of the vehicle she was driving, had automobile liability insurance. Hoffman leased the cab he was driving from Yellow Cab on a weekly basis. He kept the cab twenty-four hours a day and used it for his own personal transportation as well as his source of income. Like the Williamses, Hoffman had no automobile insurance of his own. Yellow Cab had been authorized by the Transportation Cabinet to be self-insured for the first $60,000 of its responsibility, and it had rejected uninsured motorist coverage with its carrier which provided insurance coverage in excess of the self-insured amount.

The instant action was commenced in the Jefferson Circuit Court on August 31, 1994, by Yellow Cab against Sharlene and Michael Williams for the recovery of the property damage sustained to its vehicle.[fn1] Hoffman filed an intervening complaint against Yellow Cab in which he alleged that as a result of the motor vehicle accident he had incurred significant medical expenses and lost wages, and that his ability to labor and earn money had been impaired. He further alleged that Kentucky Revised Statutes (KRS) 304.20-020 required all motor vehicle liability policies to include coverage for uninsured motor vehicles unless such coverage was waived by the insured and that accordingly, Yellow Cab, as a self-insurer, should be held responsible for the damages resulting from his injuries.

Outcome: The jury to award Hoffman the sum of $4,475.63, the total amount of his past medical expenses, none of which was disputed by Yellow Cab. The jury awarded Hoffman $0 for future medical expenses, and $12,500 for past, present and future pain and suffering.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reversed by the Supreme Court of Kentucky on June 4, 1999.