Joe A. Browder Jr v. Tracey Smith
2019 CA 001756
| Ky. Ct. App. | Jul 1, 2021Background:
- On March 27, 2015 Browder was rear-ended at a red light by a vehicle driven by John Smith (a minor); Tracey Smith (owner/passenger) owned the vehicle.
- Browder sued John and Tracey for negligence and named USAA (his UIM carrier); Kentucky Farm Bureau was later dismissed.
- Over three years Browder repeatedly failed to produce medical bills or itemized damages in discovery; counsel withdrew and Browder proceeded effectively pro se at trial.
- At the November 12, 2019 bench proceeding John stipulated liability; Browder presented testimony from John and Tracey and part of a chiropractor’s deposition but did not testify or submit medical bills or repair/wage documentation.
- The trial court excluded medical bills for Browder’s discovery failures and granted a directed verdict in favor of John and Tracey for lack of proof on all damages and for Tracey on negligent entrustment/KRS liability; the court also denied Browder’s request to force USAA to participate at trial.
- Browder appealed pro se; the Court of Appeals reviewed for manifest injustice given briefing defects and affirmed the dismissal with prejudice.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for damages | Browder asserted entitlement to damages (medical, pain/suffering, punitive, lost wages, property) | No admissible proof of medical bills, wages, repair costs, or testimony; no proof of gross negligence | Directed verdict affirmed — complete absence of proof on damages |
| Exclusion of medical bills (discovery sanction) | Exclusion improper; asserted lack of access to records | Browder never produced medical bills in three years of discovery; sanction appropriate | Exclusion upheld; without bills medical-expense claim could not go to jury |
| Tracey’s liability (negligent entrustment / KRS 186.590) | Browder sought to hold Tracey liable as owner/entrustor | No proof of negligent entrustment; Tracey had required insurance so statutory theory inapplicable | Directed verdict for Tracey affirmed; liability moot given no damages |
| USAA participation / right to jury under Coots | Browder sought jury trial against USAA | USAA not required to participate absent a Coots settlement; its liability contingent on excess judgment | Denial of motion to force USAA participation affirmed (no excess judgment possible) |
Key Cases Cited
- Combs v. Stortz, 276 S.W.3d 282 (Ky. Ct. App. 2009) (standard for directed verdict; favor party against whom motion made with all reasonable inferences)
- Buckler v. Mathis, 353 S.W.3d 625 (Ky. Ct. App. 2011) (medical bills required to prove medical-expense damages)
- McCarty v. Hall, 697 S.W.2d 955 (Ky. Ct. App. 1985) (measure of damages for property damage: difference in fair market value; repair bill can suffice)
- Kinney v. Butcher, 131 S.W.3d 357 (Ky. Ct. App. 2004) (standard for punitive damages: gross negligence/wanton or reckless disregard)
- Coots v. Allstate Ins. Co., 853 S.W.2d 895 (Ky. 1993) (framework for UIM carrier participation at trial when a Coots settlement exists)
- Mattingly v. Stinson, 281 S.W.3d 796 (Ky. 2009) (clarifies when UIM carrier must participate; absent Coots settlement tortfeasor remains real party in interest)