Case: Auto Injury -
Smith
Vehicle Accident Settlement: $419,000
By Deborah Yetter
Staff Writer
Synopsis of the Case
United States District Court Judge, Eugene E. Seiler, Jr., rendered a verdict in favor of Kenneth Neil Smith, awarding him $419,619.63 for injuries he suffered in a 13-car pileup near Fort Knox. Mr. Smith claimed that smoke from a military training exercises drifted across U.S. 60 in Meade County, blinding motorists and resulting in a 13-car pileup.
Judge Seiler ordered the Army to compensate Smith for lost wages, medical expenses, pain and suffering, and his reduced ability to earn wages because of his injuries. William F. McMurry, Smith's lawyer, who was interviewed by The Courier Journal said that he was pleased with the award and that his client deserved it. "It's a very large award, but I felt it was justified," McMurry said. "You've got to take into consideration that he's a very young man and 25 years from now, he's gonna be in pain every day from his knees."
Attorney McMurry called to the stand, Tom Wills, Chief Meteorologist at WAVE TV 3. Mr. Wills testified that as smoke is released into the atmosphere it can trigger fog, particularly where the weather is too dry for fog to have formed naturally.
Mr. McMurry was quoted by The Courier Journal as stating, "Without Tom, we couldn't have done it. He did a fantastic job of explaining the weather conditions."
