Warner v. Midnight Recovery et al

Case Background

On  June 21, 2019, Plaintiff Jilianne Warner filed an auto negligence lawsuit after a motor vehicle accident left her a permanent C4-6 quadriplegic after being rear-ended by a tow truck driver. In this lawsuit, she held not only the tow truck driver accountable, but also GEICO, arguing that the driver was on a ‘roadside assistance’ run for the insurer.

The case was filed in the Kentucky State, 30th Judicial Circuit Court. Judge Tracy E. Davis presided over the case. [Case number: 3:19cv453]

Cause

On the morning of December 29, 2017, Jilianne Warner, 27, was on the brink of starting a new chapter in her life. She had earned a master’s degree from Sullivan University and worked as an HR manager. That day, she sat at a red light on the Greenbelt Highway, driving her 2013 Scion sedan.

At the same time, Defendant Christian Worley was behind the wheel of a flatbed tow truck, working for Defendant Midnight Recovery Inc. While there was some dispute over his specific task at the time, it was clear that Midnight Recovery had a contract with Defendant GEICO Insurance to offer roadside assistance to GEICO policyholders. This service was a routine offering by GEICO, facilitated through local tow companies such as Midnight Recovery

Worley had already completed several towing jobs earlier that day and was fatigued. Distracted and tired, he failed to notice Warner’s car stopped at the light. He crashed into her vehicle at high speed, causing significant damage because of his negligence.

Injury

Warner sustained a severe C4-6 disc injury, leaving her permanently paralyzed from the chest down. She became a complete quadriplegic due to the Defendant’s negligence.

After the accident, she spent three weeks in the ICU. Following this, she moved to Frazier Rehab for further recovery. The rehabilitation process was long, challenging, and complicated. She dealt with numerous complications, including issues with her bowel and bladder. Additionally, Warner broke her leg when she fell from her wheelchair.

Damages

Warner’s medical bills totaled $3,177,826. Her future medical expenses were estimated at $15,497,054. She also sought $4,298,880 for permanent impairment. For past pain and suffering, Warner requested $30,000,000. Additionally, she claimed $111,000,000 for future pain and suffering. She also sought punitive damages.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): Christian Worley | Midnight Recovery Inc. | GEICO Insurance
    • Counsel for Defendant(s): Charles H. Stopher | Scott A. Davidson | Charles H. Stopher Bethany A. Breetz | Michael D. Risley | Tracey C. Smith | Donald Killian Brown | Jeri Barlcay Poppe
    • Experts for Defendant(s):  Lane VanIngen | Gaynell Rochester

Claims

In her lawsuit, Warner targeted multiple Defendants. The primary defendants were Christian Worley, the tow truck driver, and his employer, Midnight Recovery, Inc. The argument was straightforward: a tired, poorly trained tow truck driver had rear-ended her at high speed. The Defense admitted liability for the crash.

Warner also filed negligence claims directly against Midnight Recovery. She accused the company of negligent hiring and training of Worley, as well as negligent truck maintenance. While the Defense conceded that Worley was at fault for the crash, they denied the company’s direct negligence in terms of hiring, training, and maintaining the tow truck.

Additionally, Warner pursued claims against GEICO with several arguments. First, she argued that GEICO was negligent in supervising and hiring an independent contractor. However, this claim was dismissed through summary judgment, as explained later in the report. Second, Warner contended that because tow truck driving is inherently dangerous, GEICO was liable for Worley’s actions, as he was performing a roadside assistance run at the time of the crash. Finally, Warner argued that Midnight Recovery acted as an agent of GEICO.

Defense

Worley and Midnight Recovery defended the case as best as they could, having already admitted fault. Midnight Recovery had only a $750,000 insurance policy and offered this amount to Warner. However, she rejected the offer to preserve her agency claim against GEICO. As a result, while Worley and Midnight Recovery were still defendants at trial, GEICO became the primary target, given the overwhelming damages Warner had suffered.

GEICO, in response, disputed whether Worley was on a roadside assistance run at the time of the crash. They also denied that Midnight Recovery acted as their agent, arguing instead that the company was merely an independent contractor. While the Defense conceded that Warner had sustained serious injuries, they argued that the damages were not as high as claimed.

Expert Testimony

Warner built her case with the help of several expert witnesses. These included Sara Ford, a vocational expert from Louisville, Nik Volkov, a life care planner from San Antonio, TX, Todd Cowen, a physical medicine specialist from San Antonio, TX, Joey Stidham, an accident reconstruction expert, and Larry Baareman, a truck safety expert from Byron Center, MI.

On the other hand, GEICO’s experts focused on liability issues. They included Lane VanIngen, a transportation expert from Daphne, AL, and Gaynell Rochester, an emergency services coordination expert from Fort Wright.

Jury Verdict

The case was split into two trials. The first trial addressed whether the crash occurred during a roadside assistance run and the damages. The second trial focused on the agency issue.

The first trial, held over two weeks in March, was simplified due to prior stipulations on negligence and causation. On March 18, 2024, for Phase One, the jury determined that the crash happened during a GEICO roadside assistance run. It awarded Warner $163,973,760, including $141,000,000 for pain and suffering—Kentucky’s largest pain and suffering award.

Phase Two began but ended in a mistrial after a juror Googled “agency.” GEICO’s defense team changed, with Bethany A. Breetz and Michael D. Risley replacing the original attorneys.

The retrial in May focused solely on whether Midnight Recovery was GEICO’s agent or an independent contractor. On May 23, 2024, for Phase Two, the jury found Midnight Recovery to be an independent contractor.

Judge Davis entered the final judgment on June 24, 2024. The full damages of $163,973,760 were assessed jointly against GEICO, Midnight Recovery, and Worley, with interest at 8% until judgment and 6% afterward.

Court Documents:

Available upon request