Representative Cases

Litigation Cases Tried to Judgment

  • Medical negligence; Plaintiff’s verdict, $2.6 million. Settled on appeal.
  • Worker injured on job; suit against parent company of employer for their negligence in refusing to make safety changes even though repeatedly warned; Plaintiff’s verdict. Judgment for $1,051,152.00 after trial court was affirmed on appeal.
  • Breach of employment contract based on employee manual, and punitive damages; Plaintiff’s verdict $1,108,826.00 verdict; Settled on appeal.
  • Breach of implied contract based on employment manual; outrage and punitive damages; Plaintiff’s verdict. Judgment for $1,250,000.00 satisfied after trial court was affirmed on appeal.
  • Product liability claim against manufacturer of highway salt spreader for negligent design. Approximate $825,000 judgment. Settled during post-trial motion phase.
  • Employee’s whistleblower case against local government; Plaintiff’s verdict. Judgment of approximately $414,000 satisfied after trial court was affirmed on appeal.
  • Personal injury – auto negligence; Plaintiff’s verdict, $151,204.00. Judgment satisfied.
  • Underinsured motorist claim following settlement of Plaintiff’s underlying claim for $550,000.00; $51,140.00 Verdict against UIM carrier. Judgment satisfied.
  • Dental negligence; Plaintiff’s verdict, $93,410.30. Judgment satisfied.
  • Premises liability against server of alcohol at minor’s party; assault; punitive damages; Plaintiff’s verdict, $30,013.60. Judgment satisfied.
  • Intentional injury claim against employer for assault on work premises; punitive damages; Plaintiff’s verdict, $72,450.20. Judgment satisfied.
  • Fraud claim by two physicians against two former physician partners; Plaintiff’s verdict, $90,000.00. Judgment satisfied.
  • Workers’ compensation retaliatory discharge; Plaintiff’s verdict, $65,000, plus attorney’s fees and expenses. Judgment satisfied.
  • Life insurer denied death benefits involving drunken driving related death of insured; Summary judgment for client granted and affirmed on appeal to 6th Circuit, based on reasonable expectations doctrine. $300,000 judgment satisfied.
  • Administrative tenure trial on behalf of management professor denied tenure; tenure granted for first time in University’s history under the administrative tenure process employed by University.
  • Premises liability; quadriplegic plaintiff injured while bull riding at local rodeo. Defendants’ verdict.

 

Representative Cases Litigated and Settled Before Trial 

Personal Injury Law

  • Tractor/trailer wreck on interstate. Settled. $1,900,000
  • Tractor/trailer wreck on interstate. Settled. $750,000
  • Medical negligence. Settled for undisclosed amount.
  • Medical negligence. Settled for undisclosed amount.
  • Negligent hiring/negligent security. Settled for undisclosed amount.
  • Negligent security case against hotel. Settled for undisclosed amount.
  • Legal negligence case. Settled for undisclosed amount.
  • Fraud claim against attorney for failing to inform personal injury clients of underinsured motorists benefits claim that could have been asserted against another of attorney’s clients, the UIM carrier. Settled for undisclosed amount.
  • Product liability claim concerning bungee-cord injury to eye. Settled for undisclosed amount.
  • Many, many miscellaneous personal injury claims involving automobile accident, slip-and-fall cases and premises liability.

 

Employment Law
  • Challenge of “for-cause” termination of executive director of local health department. Executive director alleged conspiracy to undermine him by subordinate employees. Settled. $175,000
  • Age discrimination claim and claim of discharge in violation of implied contract based on employee handbook. Settled. $103,575
  • Sexual/religious harassment case. Settled for undisclosed amount.
  • Workers’ compensation retaliatory discharge claim and claim for discrimination based upon disability. Settled for undisclosed amount.
  • Reverse discrimination claim against University for hiring allegedly less qualified African-American male over Caucasian female for professor position. Settlement included cash payment, plus placement in a teaching position in psychology department at University.
  • Claim based upon “perceived disability” under the Americans With Disabilities Act. Sixth Circuit Court of Appeals reversal of District Court’s summary judgment. This case was litigated for 6 years and eventually settled for an undisclosed amount once reversed by the Sixth Circuit.

 

Miscellaneous
  • Fraud claim against secondary market mortgage lender. Settled. Undisclosed amount.
  • Represented coalition of citizens in Warren County to successfully preclude Monsanto Corporation from locating an allegedly environmentally harmful factory in Warren County (the number of jobs to be generated by Monsanto Corporation did not justify the air pollution which would have resulted from location of the plant in Warren County). Pro Bono.
  • Numerous divorces involving assets of more than $1,000,000 and substantial maintenance claims.

 

Published Cases

The Kroger Co. v. Willgruber, Ky. 920 S.W.2d 61 (1996)

This is the first reported case in Kentucky where an award of damages for outrage was affirmed on appeal. The Supreme Court of Kentucky granted discretionary review of the Court of Appeals affirmance of the trial court’s judgment. Plaintiff’s award for damages arising from the tort of outrage was affirmed by the Supreme Court of the Commonwealth of Kentucky.

Henderson v. Ardco, 247 F.3d 645 (6th Cir. 2001)

The 6th Circuit Court of Appeals reversed the United States District Court, Western District of Kentucky, that had granted summary judgment to Defendant Ardco. The District Court ruled that Plaintiff had not stated a case of “perceived disability” under Kentucky’s version of the Americans With Disabilities Act. The 6th Circuit Court of

Appeals reversed the United States District Court, Western District of Kentucky decision and the case was reinstated to the docket. Thereafter, the case settled.

Rogers v. T.J. Samson Community Hospital, 276 F.3d 228 (6th Cir. 2002)

The 6th Circuit Court of Appeals reversed the United States District Court, Western District of Kentucky, for its decision regarding spoliation of evidence. The trial court had instructed the jury regarding missing evidence as it related to the Defendant physicians in the medical negligence case, but failed to so instruct the jury as to the Defendant hospital. Plaintiff successfully argued that the trial court had erroneously failed to instruct the jury regarding missing evidence and its relationship to claims against Defendant hospital. Thereafter, the claim against Defendant hospital was settled.