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Kentucky appeals court tosses $164M tow truck crash verdict - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Kentucky appeals court tosses $164M tow truck crash verdict by Richard Sine Auto liability Jul 20, 2026 A Kentucky appeals court threw out a nearly $164 million verdict against GEICO, ruling that the insurer cannot be held vicariously liable for the negligence of a tow truck driver subcontracted by the insurer. The Kentucky Court of Appeals issued its opinion Friday in GEICO Casualty Company v. Jilianne Warner, a case arising from a December 2017 crash in Louisville, Kentucky. Christian Worley, an employee of Midnight Recovery, a Sellersburg, Indiana-based towing company, rear-ended Ms. Warner’s stopped vehicle at roughly 65 mph to 70 mph while responding to a GEICO roadside assistance call. Mr. Worley admitted his negligence caused the crash, which left Ms. Warner, then 27, quadriplegic. A Jefferson Circuit Court jury awarded Ms. Warner nearly $164 million in damages, finding GEICO vicariously liable under a legal theory that towing is an “inherently dangerous” activity exempt from the usual rule shielding companies from liability for independent contractors’ actions. The appeals panel disagreed. It found that Mr. Worley’s negligence — inattentive driving at excessive speed — created “a new risk not inherent in or normal to the proper operation of any vehicle,” rather than a danger inherent in towing. The court also rejected the trial court’s reliance on a state statute governing heavy trucks, noting that tow trucks “are specifically designed and operated … to enhance public safety” rather than to haul freight or merchandise. The panel also revived Ms. Warner’s claims against four Louisville/Jefferson County Metro 911 operators and supervisors, finding the trial court prematurely dismissed those claims before discovery was complete. Separately, it ordered a new trial on damages for Mr. Worley and Midnight Recovery due to an error regarding admission of evidence about Mr. Worley’s driving record. In a friend-of-the-court brief submitted last year, a coalition of insurers led by the American Property Casualty Insurance Association lambasted the legal theory that towing is inherently dangerous. If affirmed, the theory would raise insurance premiums and “impose unexpected liability not just on insurers offering roadside assistance, but also on any Kentuckian who contracts for services that use trucks,” the brief said. The case now returns to Jefferson Circuit Court for further proceedings, including a new trial on damages and continued litigation against the 911 defendants. 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