The KTCR Blog

Published 9-28-22

$19,135,000 Negligent Security Verdict in Princeton, KY (Caldwell Circuit Court)

The verdict is in from the negligent security case in Princeton . . .$19,135,000 including $18 million in punitives.
Plaintiff stabbed to death in a bar fight at the local Elks Club by an off-duty bartender after a dispute over how loud the music was on the jukebox. Decedent was stabbed 17 times, there being proof he was conscious (before bleeding to death) for 10-15 minutes. Estate alleged a history of fights at the bar and assailant (he was convicted of manslaughter and is serving 15 years in prison) should have been ejected long before the fatal event.
Fault assessed 70% the Elks and the remainder to the decedent. A courtroom observer tells me (it's small-town Kentucky) the jury included a woman who was described as a very close friend in high school of the decedent.

This is easily the largest ever verdict in Caldwell County. The previous largest was from February of 2007 was a $444,253 soft-tissue car wreck verdict, that plaintiff taking $300,000 for pain and suffering. See Case No. 3662.

David Bryce Barber (pictured) and Elizabeth Downey Barber of Louisville tried it.

James Coltharp, Whitlow Roberts Houston & Straub, Paducah defending.
Rookie jurist, James Redd, sorted out the balls and strikes.

Case Documents:
Plaintiff Trial Brief

Plaintiff Expert Report

Defense Trial Brief

Defense Expert Report

The verdict itself is below.

Details coming in the October 2022 edition -- Subscribe to the KTCR



Published 9-28-22

Negligent Security Trial in Caldwell County has moved into its second week

There is a negligent security case in trial today (it's now in the second week) in Caldwell County. It involves a negligent security claim against the local Elks Lodge. An unruly customer and Elk (who was also a part-time bartender at the club) fatally stabbed a fellow Elk during a fight. Plaintiff's estate alleged negligent security as the decedent and the assailant were told to "take it outside" in the moments before the stabbing. There are significant fact disputes about what exactly happened and the extent of the decedent's conscious pain and suffering. The assailant was later convicted of manslaughter and sentenced to 15 years in prison.

The case is expected to finish up Friday. UPDATE -- Closings happening this morning.

David Bryce Barber, Elizabeth Downey Barber and Michael Burman for the plaintiff. James Coltharp (Whitlow Roberts in Paducah) defending. Rookie Judge James Redd is on the bench.

Case Documents:
Plaintiff Trial Brief
Defense Trial Brief

Plaintiff Expert Disclosure (Russell Kolins)

Defense Expert Disclosure (Steven Baker)

The below images are from the Kolins expert report and represent surveillance video in the moments before the stabbing.

Published 9-27-22

$120,138 UIM Verdict in Woodford County

Plaintiff collided with a disabled drunk driver's vehicle at 3:00 a.m. that was in the middle of I-64. Plaintiff sustained a C-7 facet fracture and wore a brace for three months. He still reports pain. Plaintiff settled with the drunk tortfeasor for $50,000 and sought UIM coverage (up to $100,000) from his carrier. The plaintiff took a total of $120,138 and the judgment less PIP was for $60,138.

Jesse Shore with Morgan & Morgan tried it. Guy Hughes and Kyle Girouard from Casey Bailey & Maines defended. Rookie Judge Kathryn Gabhart on the bench.

Details on this coming in the October 2022 edition. Subscribe to the KTCR (link to the online store) for all the details.CR (Print or PDF) 

Published 9-27-22

What a week of trials -- There were at least eleven in Kentucky last week

This is maybe pretty close to unprecedented in my experience. There were at least 11 civil jury trials that were heard in Kentucky last week. I'm still tracking them down but here's a quick summary of what we know.

Greenup - $21.8 million defamation verdict for chiropractors against CSX.

McCracken - Threshold verdict. Brent Vasseur defending.

Jefferson - $8,460 medicals/no suffering verdict. Charles Walker defended.

Caldwell - Negligent security trial against the local Elks Club. Still going. David Barber for the plaintiff.

Hardin - Road rage between chiropractor and cybersecurity expert. Jury rejected both claims.

Fayette - Paul Miller Ford sold a new truck as new when it had been wrecked. Tried. Result unknown.

Floyd - Nurse on contract fired for forging a signature. Was it material? Jury said yes and nurse loses.

Scott - UM case where the only issue are wife's consortium. Kicker they got divorced months later. Jury rejected her claim in 20 minutes. Bradford Breeding from London for the defense. Richard Rawdon tried it.

Woodford - UIM case against State Farm involving a drunk driver. Result not yet known. Jesse Shore with Morgan & Morgan tried it. Guy Hughes (Casey Bailey & Maines) defending.

Warren - Commercial case before Judge Grise. Result unknown

Jefferson - Auto Negligence - TARC bus driver -- claimed knee injury. Eric Lamb tried it. Marc Breit defending. 50-50 split on fault but jury rejected any award of damages. Verdict returned at 9:15 last Friday night.

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Published 9-24-22

Threshold Verdict in Paducah on 9-20-22

The plaintiff came to his State Farm office in Paducah and parked in front. He was coming to report another wreck. It was the end of the day and the agent was leaving. She was parked at the end of the building and backed out in a three-point turn. She struck the plaintiff's minivan as he was getting out. The plaintiff claimed a rotator cuff injury as he was holding the steering wheel. His medical bills were $16,145 and he sought $136,875 more for a future surgery. The defense argued there was no injury sustained.

The jury returned a threshold verdict following a two-day trial.

Case Documents:

Plaintiff Trial Memo

Brian Katz for the plaintiff

D. Brent Vassuer and Jared Sigler (Keuler Kelly) for the defense

Judge Kaltenbach on the bench

The image is the scene of the collision.

Published 9-23-22

$22,815,000 Defamation Verdict in Greenup County against CSX

There was a big one last night in Greenup. Plaintiffs, two chiropractors (Daniel Carey and Shannon Johnson) alleged CSX's Chief Medical Officer (Craig Heligman) defamed them and tortiously interfered with contracts when Heligman wrote letters to the federal government, insurers and state chiropractic boards that accused Carey and Johnson of creating fraudulent COII (Certificate of Ongoing Illness) for CSX workers. This was happening during a furlough and permitted the workers to receive extended benefits during the furlough. The chiropractors argued the representations in Heligman's letters were false and noted he never examined the employees in question, reviewed their medical records or did anything really at all.
The jury found for the plaintiffs on defamation and tortious interference.
Carey took compensatory damages of $610,000, while Johnson was awarded $805,000.
The jury awarded each plaintiff $10.7 million in punitives. The combined verdict totaled $22,815,000.

Plaintiffs represented by Jeff Dingwall (pictured), San Diego, Greg Paul, Pittsburgh and Ken Reed, Ludlow.
CSX represented by Melissa Bird and Shaina Massie, Nelson Mullins, Huntington, WV, Samuel L. Tarry, Tyson, VA and Davis M. Walsh, Richmond, VA, both of McGuireWoods
Judge John F. Vincent tried it.

Case Documents: 

Plaintiff Trial Memorandum 

Defense Trial Memorandum

Jeff Dingwall for the plaintiffD

f Jef

Published 9-22-22

$2.395 EMTALA Med Mal returned in Louisville (Federal Court) on 9-13-22

The plaintiff William "Tully" Williams, a tow truck driver, was having a heart attack on 4-5-15 and was taken to Baptist Hospital Lexington. However that weekend Baptist had a "diversion" plan for cardiac patients because it lacked an on-call cardiothoracic surgeon. When Tully arrived at the hospital, he was turned away. "We can't treat you."
Tully was then taken to UK Medical Center he was treated -- he had open heart surgery the next day. 
Tully alleged medical negligence and an EMTALA violation in being turned away. It was described as a ridiculous comedy of errors that led to a delay in his treatment. The hospital had been prepared to argue the diversion was reasonable. However it admitted fault at trial and the jury considered damages only.

Tully was awarded $545,000 in compensatory damages and $1.85 million more in punitives for a total of $2.395 million.

Hans Poppe and Kirk Laughlin (Poppe Law Firm) tried it. 

Clay Stevens, Kristen H. Fowler and K. Shay Owens (Napier Gault) defending.

Clara Horn Boom did the judging.

Case Documents:

Jury Verdict
Defense Trial Memorandum
Plaintiff Trial Memorandum  


Published 9-22-22

Medicals-No Suffering Rear-ender in Louisville

This week there was a medicals no-suffering rear-ender in Louisville. Plaintiff went to the ER six days later and then followed with a chiropractor. The defense admitted fault and relied at trial on a biomechanics expert, David Porta, who said the wreck was too minor to cause a serious injury. The jury returned the following verdict . . .$8,460 in specials and nothing more.

Sam Aguiar and Trenton Burns for the plaintiff
Charles Walker (Sewell & Neal) defended.
Mitch Perry called the balls and strikesTrial Memorandum

Case Documents:
Defense Trial Memorandum

Trial Memorandu

Published 9-22-22

Road Rage Assault and Battery Verdict in Elizabethtown

Yesterday in Elizabethtown there was a Much Ado About Nothing civil verdict in Elizabethtown. Plaintiff, a chiropractor, Maxwell Eriksen and a cybersecurity expert Dennis Leber, got into a fight after a road rage incident. Seriously. Grown men.
Eriksen sued and alleged assault and battery. Leber counterclaimed for assault.
An E'Town jury said . . .we find for neither of you. It's a wash.

Brian Dettman had Eriksen, Gregory Thompson for Leber and Judge Kelly Mark Easton was on the bench.

Published 9-20-22

The September 2022 edition is out. . . the Table of Contents
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