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MILLER v. SWIFT

No. 1999-SC-0991-DG.

42 S.W.3d 599 (2001)

Susan D. MILLER, Appellant, v. Roger E. SWIFT, Sandra L. Jacobs, Generali-U.S. Branch, and West American Insurance Company, Appellee.

Supreme Court of Kentucky.

Rehearing Denied April 26, 2001.

Attorney(s) appearing for the Case

J. Andrew White, Michael R. Slaughter, Louisville, Counsel for Appellant.

Michael J. Darnell, Kenneth W. Lampe, Louisville, Counsel for Appellees, Roger E. Swift and Generali-U.S. Branch.

Lloyd A. Thomas, Louisville, Counsel for Appellee, Sandra L. Jacobs.

Chester A. Vittitow, Jr., Louisville, Counsel for Appellee, West American Insurance Company.

KELLER, Justice.

I. ISSUE

In this automobile accident case, the jury awarded Susan Miller damages for medical expenses and lost wages but awarded no damages for pain and suffering by writing a zero ("0") on that portion of the verdict form. Miller contends that the trial court erred in denying her motion for a new trial which alleged that the jury's zero pain and suffering award was inadequate as a matter of law because it was inconsistent with the jury...

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