Reece v. Nationwide Mutual Insurance Co.
Kentucky Supreme Court · 2007-03-22 · cited 11×
This case involved a plaintiff seeking underinsured motorist benefits from her insurer after a car accident, claiming damages including for permanent injury and permanent impairment of earning power, while the defendant contested the extent of her injuries amid evidence of pre-existing conditions and later accidents. The trial court granted a directed verdict against the plaintiff on her permanent injury and earning power impairment claims and allowed evidence of one treating physician's subsequent medical license suspension. The Kentucky Supreme Court reversed, holding that a plaintiff need only prove with reasonable probability that an injury is permanent to submit the issue of permanent impairment of earning power to the jury, without specific evidence of diminished earning capacity. The court further ruled that evidence of the physician's license suspension was an irrelevant collateral matter inadmissible under relevance standards. The case was remanded for further proceedings.