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The KTCR BLOG
A quick look at verdicts, trial news or other stories of interest to Kentucky litigators.
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Published 12-27-24
Motorcyclist killed after crashing into the rear of a school bus who it was alleged had changed lanes into his path
$1.352 million Lexington verdict less 67% comparative fault
The plaintiff was driving a Suzuki motorcycle on North Broadway and alleged a school bus turned from New Circle Road into his path. The motorcyclist rear-ended the school bus and was thrown. He suffered fatal injuries. It was disputed if he had conscious suffering.
The estate sued the bus driver and alleged negligence. She implicated that the plaintiff was speeding and operating unsafely.
A Lexington jury awarded the plaintiff $1.352 million and assessed fault 67% to the motorcyclist. That included $500,000 for each of the consortium interest of each of the plaintiff's sons. The net judgment was $446,307. Judge Lucy VanMeter presided over the trial which concluded on 11-25-24.
Plaintiff: Kendra L. Rimbert and Megan E. Ziegman, Law Office of Kendra Rimbert, Louisville and Debra L. Doss, Lexington
Defense: Barbara A. Kriz, Kriz Jenkins & Prewitt, Lexington
Details coming in the January 2025 edition, 29 KTCR 1 including the interesting post-trial practice.
It is time to order the KTCR 2024 Year in Review (the 27th edition) which will be out next week in PDF. Print coming later in the month.
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The verdict form in Bradshaw v. Thomason
Published 10-30-24
Judge Karen Caldwell rules this week after a bench trial from last year that UK complies with Title IX in providing athletic opportunities to women
A class action of plaintiffs, all students at the University of Kentucky, sued and alleged UK's athletic department was not in compliance with Title IX because it lacked enough athletic opportunities for women. The plaintiffs wanted UK to add a lacrosse team or perhaps an equestrian team, horses being a big thing in Kentucky. UK said there just wasn't enough interest. Numerically it was conceded that UK has less varsity athletic opportunities available to men than women.
That is not the end of the story. A three-part test applies (see the opinion below) as to whether a university is in compliance. The three components are:
(1) Numerical proportion, i.e., the athletic opportunities should match the gender population (UK conceded it failed this part of the three-part test),
(2) A history and pattern of opportunity, and
(3) Full and effective accommodation of athletes in the interests of women.
The lawsuit proceeded to a bench trial over three days in Lexington before Judge Karen Caldwell in August of 2023. The plaintiffs (representing a class of UK women) alleged the university failed the three-part test. UK argued the opposite. The court ruled more than 14 months later.
Judge Caldwell (pictured) evaluated the three-part safe harbor and concluded UK failed on the first one (it admitted as much) and on the second one too that UK was not responsive.
The court's opinion turned on the third question. Caldwell concluded that while there was a lot of interest in adding new teams (lacrosse, equestrian and field hockey), there was no evidence that interest correlated with interest of "varsity-level" athletes. That is while a lot of women might want to play, are there presently women on campus can play varsity level field hockey for interest. She concluded there was not and thus UK was protected by the third prong.
A defense judgment was entered for UK.
Why is Caldwell's opinion wrong in our judgment? The question is not properly if there are varsity level athletes on campus now. Of course there aren't now. You have to recruit them. There aren't varsity level athletes on any campus (male or female) who weren't recruited. For instance there are A LOT of men on the UK campus who would LOVE to play basketball. Are they varsity level? No. Except for the recruited ones, there are NO men on campus who are just walking around ready to play D-1 varsity basketball. It's the same for field hockey, lacrosse and equestrian sports, or really any other new sport for women. The status quo continues in Lexington to discriminate against women and deny them athletic opportunities as required by federal law. It's not federal law either. It's the right thing to do, and UK Athletics has found a way to do the wrong thing. The briefs in the case and the court's final opinion are all linked below.
Lori Bullock, Bailey Glaser, Des Moines, IA, leads the plaintiff's team
Bryan H. Beauman and Carmine G. Iaccarino, Sturgill Turner Barker & Moloney, Lexington represent UK
Documents from Niblock v. University of Kentucky including the final opinion
Court Opinion Describing Applicable Three-Part Test
Published 10-22-24
$622,000 Med Mal Verdict Today in Louisville after a six-week trial -- Today in 1977
We've got a verdict today after what is believed the longest trial in the history of Jefferson County. It lasted six and 1/2 weeks and to accommodate all the lawyers, it was tried in the fiscal court building!
Well it was today . . . in 1977. 47 years ago today.
What happened. Martha Rumbaugh, then age 14, was injured in a hit and run accident. Then at the hospital a catheter in a vein injured her heart and left her with a severe and permanent brain injury. She sued a variety of hospital defendants. Her lawyer was Philip Corboy. Legends William Guethlein and Alex Rose led the defense for the hospital and medical defendants. The plaintiff sought $3.4 million for damages which included her life care plan as well as pain and suffering.
Judge Michael McDonald presided over the trial.
The deliberations lasted for 12 hours. The jury returned a mixed verdict on fault and assessed damages of $622,000. That represented $500,000 for future medicals and $122,000 for incurred medicals. The girl's lifetime of pain and suffering was rejected. Her parents were distraught at this news.
The plaintiff moved for a new trial and challenged the verdict. Judge McDonald denied the motion in January 1978and concluded the brain-damaged Rumbaugh did not actually have pain and suffering. The plaintiffs did not appeal and accepted the $622,000 to resolve the case. Rumbaugh died in 2001 at the age of 45.
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We didn't report on this 1977 trial because our first issue was not until almost 20 years later in June of 1997!
Published 10-17-24
The plaintiff slipped on steps at a trampoline park (he broke his leg) 190 seconds after a little boy created the hazard
Was 190 seconds enough notice of the hazard?
The plaintiff tripped on stairs leading to the party room (at a trampoline attraction) on water that had been spilled three minutes and 10 seconds earlier (it was all caught on surveillance video) and suffered a tib-fib fracture. Then in this lawsuit he blamed the attraction for failing to maintain its premises and clean the spill hazard in those 190 seconds. The plaintiff also alleged the trampoline park failed to follow its own rules in allow children under 13 to be unsupervised, one such child creating the hazard by knocking over the water bottle.
The attraction defended that the plaintiff had just walked through the area moments earlier (walking up the steps and even stepped over the spilled water bottle) and moreover, 190 seconds was not enough time to trigger notice of the hazard.
The case was tried this week for two days in Lexington before Judge Bunnell. A defense verdict was returned for the trampoline park and the plaintiff took nothing.
Draft of the Court's Instructions
Tanner H. Shultz led a Morgan & Morgan team for the plaintiff
Anthony M. Pernice, Reminger Co., LPA, Lexington defending
Full report coming in the November edition, 28 KTCR 11.
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Published 10-10-24
In a weird rear-end case in Louisville, the jury found both for the defendant on the threshold AND liability
There was a weird one tried before Judge Melissa Bellows in Louisville in late August. Plaintiff alleged he was rear-ended by the defendant. The collision was minor. Defendant alleged the plaintiff stopped suddenly. He also presented a threshold defense. There was a lot more going on (there was a felon witness, Uncle Larry) but that's not quite what we focused on.
Here's the interesting part. Judge Bellows (this was really weird) allowed the jury to first consider the threshold question. And then even if finding for the defendant on the threshold question, the jury would still consider liability. That's just wrong. When there is a threshold verdict (not $1,000 of medicals or a permanent injury), that's the end of the story. The verdict form and instructions are linked below. There is more to this case (there is a new trial motion pending) and it's all in the October edition which was out yesterday.
The confused jury verdict in Burnett v. Smith
Full report in the October 2024 edition (28 KTCR 10).
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We have new reports today too from our other publications at their respective blogs:
Tennessee Blog
Louisiana Blog
Mississippi Blog
Published 10-1-24
Ophthalmology Med Mal Defense Verdict in Lexington last week on 9-26-24
Med Mal tried last week in Lexington.
Plaintiff referred to retina specialist with elevated retinal levels (after cataract surgery for evaluation because of a risk of retinal detachment. Specialist concludes plaintiff is normal. Nineteen days later plaintiff has a retinal detachment and vision loss. Plaintiff blames specialist for failing to intervene upon the referral.
Specialist defends that there was no evidence of retinal detachment at the time of the evaluation, that detachment is always a risk after cataract surgery and here most likely the detachment occurred the day before the plaintiff returned.
Defense verdict on liability.
Jonathan D. Weber (pictured) of Robinson & Weber led the defense.
Report coming in the October edition of the Kentucky Trial Court Review including all the details and experts.
Published 9-29-24
Judge Jeff Dotson (50th Circuit Court) has died
Judge Jeff L. Dotson, presiding Circuit Judge in the 50th Circuit covering Boyle and Mercer Counties, died last night. He had suffered a devastating stroke earlier in the week. I’m told it was very poignant, an almost reverent visitation of sorts as yesterday Judge Dotson, an organ donor, was wheeled on a stretcher for the last time at UK Hospital, the halls lined with court officials, lawyers, family and friends and even a few defendants paying their final respects.
Rest easy Judge.
Published 9-23-24
Son and Ex-Husband sued Mom (and Ex-Wife) alleging they were damaged by her paternity fraud in concealing the son (born in 1978) was conceived during an affair
This case is unusual to say the least. Jon David Walker and Lynn Lemmon were married as teenagers in the late 1960s. David became a surgeon. They had a son (Jesse) that was born in 1978.
Moving forward to 2010, Jesse, then age 32, treated for a genetic condition that is hereditary and requires both parents to be carriers of the gene. He underwent extensive care including brain surgeries and the removal of his pituitary gland. At this time David and Lynn also divorced. David had done well in medicine and his complaint alleged that over the next few years he made payments of more than $2,000,000 in maintenance to Lynn. Part of the reason for this was that Lynn had represented she and David's three children were David's children.
Ten years later, Eddie, he's from Texas, contacted Jesse to indicate that he was Jesse's father. Eddie (it's a long story but its in the complaint) had an affair with Lynn in the 1970s and he was the father. Lynn initially denied it and indicated she'd been sexually assaulted. The complaint indicated she later admitted the affair. In any event paternity later established that David is not the father.
These two lawsuits followed this summer. First Jesse sued his mom and alleged fraud by her in concealing paternity led to a diagnosis delay in his genetic condition and related medical care. David sued Lynn to separately (they've been consolidated) and alleged fraud by her in the paternity, the purpose being to secure maintenance. The complaints (see below) set out the facts in great detail.
Lynn has moved to dismiss/for summary judgment and cited that whatever the truth of the allegations, fraud in 1978, fraud in 2010, or whatever, it is far beyond the statute of limitations. The plaintiffs (son and ex-husband) replied and cited the discovery rule. Lynn's motion is pending. See the case documents below that set it all out.
John H. Helmers, Jr. and Melina Hettiaratchi, Helmers & Associates, Louisville for the plaintiffs
Jan M. West, Goldberg Simpson, Prospect, defending the mom/ex-wife
Case Documents:
Complaint by father (Jon David)
Defense (Mom) Motion for Summary Judgment
Plaintiff Response to Summary Judgment Motion
Published 9-17-24
Magistrate Judge Candace Smith conducted a secret civil "summary jury" trial last week in Covington
Last week Magistrate Judge Candace J. Smith conducted a summary jury trial in Covington (9-10-24) in a civil rights case involving deliberate indifference by a contract medical provider after the plaintiff was jailed on a probation violation.
The jury panel was split into two groups and they each returned separate verdicts.
Smith sealed both verdicts (and her jury instructions) without explanation.
That is a clownish way to operate a court. A civil jury trial is among the most public things we do in our society and to conduct them in private is wrong.
If you want a private jury trial, a mediation, a focus group . . . fine, but when you require citizens to come into court and participate as jurors in a jury trial, that is not a state secret.
Published 9-16-24
Wayback Machine -- $1,250 verdict in Todd County for a broken Coca-Cola Bottle in 1924
On the day the Jefferson Davis monument opened in Fairview (6-7-24), it was hot and sunny. The plaintiff, Alice Shelton, a teenager, was serving bottles of Coca-Cola to the crowd. As she did so a glass bottled exploded and Shelton suffered tendon damage to four fingers in her right hand.
Shelton sued Coca-Cola and alleged the glass bottle had a propensity to explode. A jury in Elkton found for her and awarded damages of $1,250.
Coca-Cola appealed that there was no privity as it hadn't provided the bottles directly to Shelton. The Court of Appeals held that the liability to could extend to persons who "ought reasonably to have been foreseen as likely to use them." Coca-Cola also thought it bottles had been abused by pulling them quickly from cold water, it being that process that caused the explosion. The appellate court thought it was reasonably to expect drinks to be chilled in the summer and Coca-Cola should have perhaps used a stronger bottle or placed its product under lesser pressure. The verdict was fully affirmed in an April 1926 opinion. Coca-Cola v. Shelton, 282 S.W. 778, 1926.
Everett Penick for Coca-Cola. Ben G. Petrie for the plaintiff. Judge McCandless wrote for the Court of Appeals.
Penick, an Elkton attorney, died in 1939. He was a WWI veteran.
Published 9-12-24
The plaintiff (a college bass fisherman) suffered a dislocated and fractured shoulder in a serious head-on crash
A Mt. Sterling jury awarded him damages on $248,737 in a UIM case on 9-5-24
A college student suffered a dislocated and fractured shoulder in a serious head-on MVA with a drunk driver. The plaintiff settled with the tortfeasor for his $25,000 limits and sought $50,000 more in UIM coverage from Farm Bureau. The plaintiff was on the bass fishing team at Campbellsville University and missed a semester on the water because of his injuries.
The case was tried to a Mt. Sterling jury and the plaintiff took a total of $248,737 which included $150,000 for pain and suffering. Thus the plaintiff burst through the floor of the UIM coverage ($25,000 and up) and the ceiling ($75,000).
Details in the September 2024 edition of the Kentucky Trial Court Review, 28 KTCR 9.
And this was a classic Kentucky case that could only happen here:
Happens in the shadow of a church,
Tortfeasor drunk and cans of Mike’s Hard Lemonade on the floor board,
His name was Earl,
UIM is Kentucky Farm Bureau, and
Plaintiff on his college bass fishing team.
Joshua D. Hicks (pictured), Langdon Ryan Worley and Gregory M. Funfsinn, Hicks & Funfsinn, Lexington for the plaintiff
Farrah W. Ingram, White Peck Carrington, Mt. Sterling defending Farm Bureau
Judge Elizabeth Davis was on the bench
The plaintiff's pick-up truck after the collision
Published 8-26-24
$400,000 Auto Negligence verdict (all pain and suffering) in retrial where new trial order after instruction error at a first trial in 2023
On Thursday night after a four-day trial in Louisville, the plaintiff in Birchfield v. Huber took a $400,000 verdict less 25% comparative fault. The award represented $250,000 for past suffering and $150,000 more for in the future. It represented a case where the plaintiff (a pedestrian) was struck by a vehicle while crossing a street and he sustained a serious arm laceration (it was bloody and grotesque) as well as a torn labrum. What was going on?
This case was first tried in the summer of 2023 to a defense verdict on liability. At that trial the presiding Judge Eric Haner had instructed the jury on liability in such a way that the plaintiff essentially had to prove that when he left the sidewalk and entered the crosswalk that the defendant had not already entered the intersection. The odd instruction essentially eviscerated the notions of comparative fault and a defense verdict was returned. The plaintiff moved for a new trial. Judge Haner agreed his instructions were a misstatement of the law and he ordered a new trial. See the portion of his order.
Judge Haner's relevant portion of his New Trial Order
The second trial was the event last week that is the subject of this report. Steve Romines (he didn't try the case the first time) was brought in to try the second trial for the plaintiff. The liability instruction (the issue that led to the new trial) was a simple ordinary care instruction. The jury found both parties at fault and assessed that fault 75% to the defendant and the remainder to the pedestrian plaintiff. It awarded the damages as described above which represents a net $300,000 verdict less comparative fault.
Full report coming in the September 2024 edition (28 KTCR 9) of the Kentucky Trial Court Review.
Steven R. Romines, Romines Weis & Young, Louisville and Andrew S. Epstein, Bahe Cook Cantley & Nefzger, Louisville for the plaintiff
Mary S. Johnson and Dana Cohen, Dilbeck & Myers, Louisville defending
The Birchfield jury on damages from the second trial
Published 8-15-24
$120,728 UM verdict ($300,000 policy limits) against USAA in Meade County Circuit Court last night
Last night in Brandenburg (Meade Circuit Court -- they don't try a lot of cases there), a UM verdict was returned. Plaintiff, age 70, Vietnam vet, retired carpenter, wore overalls to trial everyday, was rear-ended by an uninsured driver. The crash resulted in no damage to the plaintiff's Ford F-350 pick-up. Plaintiff complained of low-back pain and had several steroid injections.
Plaintiff sued his UM carrier, USAA. The policy limits were $300,000. USAA (the jury knew it was a defendant and there was an insurance policy but not that it was a UM case) relied on an IME, Dr. George Stephens, Orthopedics, Lexington, who noted the plaintiff's long history of neck and back pain (a prior diskectomy) and who further opined the plaintiff suffered just a temporary soft-tissue injury.
The jury awarded medicals of $50,728 as claimed, $50,000 for future care and $20,000 more for pain and suffering for a total of $120,728. The defense offer of judgment had been for $200,000. Presumably the final judgment will be for the plaintiff less PIP.
Scott A. Wallitsch and Paul Chumbley, Morgan & Morgan, Louisville for the plaintiff
Defense: Eric A. Hamilton, Coleman Lochmiller & Bond, Elizabethtown
Judge Bruce T. Butler called balls and strikes in Brandenburg
The jury's verdict form
Published 7-19-24
Verdict Updates from this week
This morning we are updating two jury trials from this week. The first was the Jefferson County case we previewed in the prior post, Hollifield v. Followell. Plaintiff complained of a shoulder injury after a t-bone collision. The jury found the defendant solely at fault and awarded the plaintiff medicals of $39,161 (the claimed amount was $70,992). However the jury rejected any award for pain and suffering.
The verdict was returned last night after a three-day trial.
Gregory G. Smith and Renee Hoskins, Smith & Hoskins, Louisville for the plaintiff
Benjamin J. Weigel and Mary E. Dyche, O'Bryan Brown & Toner, Louisville defending
The verdict form on damages is below.
We go out east to Boyd County for our second case. During a radical nephrectomy (the plaintiff had renal cancer) the plaintiff’s urologist cut several arteries and the plaintiff died the same day from a bleeding complication. Her estate alleged error by the urologist in failing to identify and visualize her anatomy to avoid the injury. Interestingly the only claimed damages was the consortium interest of the decedent’s husband. Urologist called it a complication.
The case was tried three days and the jury deliberations lasted just 16 minutes.
Defense verdict by a 10-2 count on Wednesday afternoon in Catlettsburg.
Michael Walker and Bert Ketchum from Huntington, WV for the plaintiff
David Latherow and Dustin Haley, Williams Hall & Latherow, Ashland for the doctor
Reports on these verdicts coming in the August 2024 edition (28 KTCR 8). Subscribe today in the Online Store.
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Published 7-17-24
What's on trial in Kentucky this week? It looks like an Auto Negligence case in Louisville
What's on trial in Kentucky this week? The only one know is in Louisville, Hollifield v. Hollowell.
Plaintiff complained of a rotator cuff tear after a t-bone crash.
Greg Smith and Renee Hoskins (Smith and Hoskins -- traditional defense firm so an unusual trial alignment here) for the plaintiff. Benjamin Weigel (O'Bryan Brown & Toner) for the defense. Judge Bellows presiding.
Case started on 7-16-24.
Published 7-8-24
$2,037,544 death verdict against in Kenton County against a motel -- plaintiff injured in a scalding incident
The plaintiff (age 76) died several months after being scalded in his motel room when hot water (more than 150 degrees) came out in the shower and struck him.
Case tried four days in Covington before Judge Summe, a verdict being returned 6-28-24.
The plaintiff took medicals of $1.27 million, $250,000 for pain and suffering and $500,000 more in punitive damages against the motel, all totaling $2,037,544.
N. Jeffrey Blankenship, Ziegler & Schneider, Covington (pictured) and Christopher T. Cain, Lacy Price & Wagner, Knoxville, TN for the plaintiff
Subscribe to the Kentucky Trial Court Review -- Details in the July issue (28 KTCR 7).
The liability instruction is reproduced below. Full report coming later this week.
Published 6-25-24
Disputed Red Light MVA case tried in Newport -- Case concludes 6-19-24
This case involved a disputed red light case in Alexandria. The plaintiff turned left from an access drive and claimed a green light. He was struck by the defendant who also claimed a green light. The plaintiff alleged a TBI and other injuries. There was an independent witness that supported the plaintiff's version of events.
The case was tried over several weeks in Newport (there was a break as a juror had a vacation) and it resulted in a defense verdict on liability.
Report coming in the July 2024 edition, 28 KTCR 7.
And what else is going on? It seems like not much as everyone is in Europe!
Nicholas D. Summe and Martin S. Summe, Summe & Summe, Covington for the plaintiff
Lindsay A. Rump, Cetrulo Law, Edgewood defending
Judge Daniel J. Zalla called balls and strikes
Published 6-20-24
Jesus, Mary and Joseph LMPD
LMPD Sergeant (a woman) alleges sexual harassment by her supervisors who are in an open marriage and propositioned her
LMPD has had a lot going on. Last week Major Shannon Lauder started a firestorm that led to the firing of the Police Chief. Lauder complained about sexual harassment and the chief did nothing.
Today an LMPD Sergeant, Lauren Carby, has a wild complaint against LMPD that alleges Lauder and her husband (Jeff -- he's an LMPD Lieutenant) had a pool party and sexually harassed there. Shannon tells her (the complaint says) they have an open marriage and she's cool with Carby and Jeff . . .you know.
The complaint (the full complaint is below) is a lot . . .graphic. . .this is just a snip of page 3.
The complaint was filed today (6-20-24). LMPD has not answered and the Lauders have had no public comment.
Sara E. Collins with Sam Aguiar is the lawyer for the plaintiff.
The Open Marriage LMPD Sexual Harassment Complaint
Published 6-19-24
A look back at an excerpt from a classic Steve Romines (heard of him?) 1998 closing argument in an Auto Negligence case
We came across our 1999 book today, Classic Closing Arguments That Win, and just came upon the quite remarkable closing argument from Steve Romines. It is really a master class. There is an excerpt below from the end of his closing. If you read it you deserve an 1 hour of CLE.
This is the portion of the closing that is so good . . .
Published 5-28-24
Warren County Verdict - $868,145 UIM verdict exceeds both the $100,000 floor of UIM coverage as well as the $250,000 ceiling
The plaintiff (age 19) suffered assorted injuries (neck and back disc conditions, an involuntary jerking disorder and emotional symptoms including PTSD) in a significant rear-ender and after settling with the tortfeasor for his $100,000 policy limits, she sought another $250,000 in UIM benefits from State Farm. The plaintiff took non-economic damages at trial of $750,000 (the medicals were $103,135) and blew through both the floor and ceiling of the UIM coverage
T. Brian Lowder, Lowder & McGill, Bowling Green for the plaintiff
Michael K. Bishop, Michael Bishop & Associates, Bowling Green defending
Report coming next week in the June 2024 edition (28 KTCR 6).
The plaintiff's vehicle after the crash:
Published 5-21-24
$300,000 UIM verdict in Whitesburg today -- Underlying limits were $25,000 -- Ceiling of UIM coverage was $400,000
Net of $265,000 after accounting for PIP and the underlying limits
The plaintiff was rear-ended waiting to make a left turn near Whitesburg into Loggy Hollow just north of town of off Hwy 15. There was no injury at the scene and the plaintiff didn't treat for 17 days. She subsequently treated with Dr. John Gilbert, Neurosurgery, who concluded the crash aggravated lumbar and cervical degenerative conditions.
Plaintiff settled with the tortfeasor for his $25,000 limits and then in this straight up UIM trial, she sought coverage up to $400,000 from her carrier, USAA.
USAA defended with an IME, Dr. Christopher Stephens, Orthopedics, who believed she had just a transient cervical strain (he gave the plaintiff the benefit of the doubt) but the remainder was degenerative and there was no new lumbar injury at all.
The case was tried on damages in Letcher County. Plaintiff took medicals of $10,000 and $290,000 more for pain and suffering. That represents a net verdict of $265,000, accounting for PIP and the underlying limits.
The plaintiff's vehicle after the crash
Adam P. Collins and M. Patrick Conley, Collins Collins & Conley, Hindman for the plaintiff
Eric A. Hamilton and R. Keith Bond, Lochmiller Bond, Elizabethtown defending
James Craft, II presided
Published 5-20-24
Elderly rehab hospital patient alleged suffered a narcotic overdose (she was given too much Oxycodone) which led to a brain injury and subsequent death
The plaintiff, age 88, was recovering from a broken arm at a rehabilitation hospital and there were orders from an APRN to provide 10 mg of Oxycodone for pain every six hours, or up to 20 mg if her pain was reported as a 7 of 10. The plaintiff ultimately received 70 mg in 15 hours and suffered a narcotic overdose. This led to a brain injury and the plaintiff's ultimately death 14 months later.
The plaintiff settled with the hospital (Cardinal Hill) and sought damages from the APRN alleging error in the dosage. The APRN believed the dosage was reasonable and it was also possible an administering RN was to blame and/or the RN abused the drugs himself and the plaintiffs symptoms were related to a UTI.
The case was tried to a Lexington jury (Judge Minnifield presiding) and a defense verdict was returned on 5-9-24.
Anthony Gonzalez and Laraclay Parker from the Golden Law Office for the plaintiff
Jonathan Weber and Nick Edwards (Robinson & Weber) defending
Report coming in the June 2024 edition. The May edition (28 KTCR 5) has been published.
Published 5-16-24
The May 2024 edition (28 KTCR 5) is out today in PDF
By the way starting in August 2024, we will be moving the monthly issue to exclusively a PDF edition. Are you a print subscriber?
Shoot us an email at info@juryverdicts.net
Published 5-5-24
Commonwealth Attorney candidate (14th Judicial District) has sued and seeks a prior restraint of her political opponent's political speech
Kelli Kearney is running as a Republican to be Commonwealth Attorney in the 14th Judicial District. That encompasses Bourbon, Scott and Woodford Counties. Her opponent in the primary is the incumbent, Sharon Muse Johnson. The primary is set for May 21, 2024
Last Thursday Kearney filed a complaint against Johnson and seeks a temporary restraining order. Kearney alleges Johnson has advertised her campaign on social media and signs to indicate that Johnson is the ONLY candidate endorsed by the FOP. Kearney explains that she too is FOP-Approved. Kearney is concerned that Johnson's misleading advertising will deceive the voters of the 14th Judicial District.
Kearney has sought a temporary restraining order against Johnson prohibiting her "from continuing to make dishonest statements to the voting public." Essentially Kearney wants a court to order Johnson to stop her purportedly lying ways.
Luke Morgan from McBrayer represents Kearney. While there is no answer in the record from Johnson, the docket sheet identifies Sarah Reddick of Dinsmore as Johnson's attorney. The docket sheet also indicates Judge Daugherty (Special Judge in Jessamine County) will conduct a hearing on Tuesday at 9:00 a.m.
What is most interesting about this kerfuffle? Kearney seeks a prior restraint of her political opponent's political speech. She wants the judge to order Johnson to stop lying in advance. That seems like a lot but we'll see.
Kearney's motion is at the link below.
The Kearney Motion for a Temporary Restraining Order
Published 4-30-24
Legislative Assistant prevails in defamation claim ($1.00 verdict) against her former Metro Council member employer
Denise Bentley worked for many years in state and local government (including as a state legislator) and at relevant times in this case, she was a legislative assistant to Metro Council member Donna Purvis. The pair had a falling out (it was coming for some time) and Bentley took umbrage at her birthday party when Purvis referred to her as a redbone. This is apparently a racially charged term.
Purvis fired Bentley a few weeks later and thereafter, alleged Bentley stole time and misappropriated funds. Bentley denied this.
Bentley sued and alleged she was fired because she would not support Purvis's reelection and also that the theft allegations represented defamation. The trial court granted summary judgment on the First Amendment, while defamation was tried. That trial lasted four days and ended yesterday.
Bentley prevailed on the defamation count (she had to prove a malice standard as a public figure) and while the jury rejected compensatory damages, Bentley took $1.00 in punitive damages. Bentley has indicated the verdict cleared her name. She is also expected to appeal the summary judgment on the First Amendment count.
Report coming in the May 2024 edition (28 KTCR 5) which will be out in a week or so.
The relevant verdict forms on liability including the malice standard (malevolence and ill will) and damages.
Robyn Smith (pictured below with Bentley) for the plaintiff -- Katherine T. Watts (Phillips Parker) for the defense
Judge Susan Gibson called ball and strikes
Case Documents:
Published 4-28-24
Verdict form filed in record $163,973,760 PI case in Louisville
Last week we were wondering where was the verdict form in Jilliane Warner v. Midnight Recovery and GEICO involving a young woman left paralyzed when rear-ended by a tow-truck driver. More than a month had passed and the verdict was nowhere. It wasn't in the record. It was a mystery.
A day or so later the verdict was filed in the record (good on Judge Tracy Davis for that) and we have it here.
Tyler Thompson led the team for the plaintiffs. Donald K. Brown and Jeri Poppe for the tow truck driver. Charles Stopher with Boehl Stopher & Graves for GEICO.
Warner v. Midnight Towing (Complete Verdict Form)
Published 4-18-24
In a weird ruling a trial court granted a directed verdict and confused the "sudden emergency" defense with the plaintiff's proof burden and granted a directed verdict in a case involving a passenger car and a school bus
They say bad facts make bad law. Well here we go.
Plaintiff on a narrow road in Fleming County comes out of the curve and is struck by an oncoming school bus. There is proof the wreck happens on the school bus side of the road. Its a serious crash too and the plaintiff is cut out of his sedan with the jaws of life and flown to UK Hospital by helicopter.
Plaintiff suffers a TBI, facial fractures, assorted injuries and ultimately loses his eye. He is seriously hurt.
Plaintiff sues Fleming County School Board and admits some fault for the wreck but alleges the bus driver was driving too fast and per the bus on-board camera, the bus was partially on the wrong side of the road.
The trial began this week before Judge Jeffrey L. Schumacher. Megan Richmond and Paula Barber for the plaintiff. John McNeill (Landrum & Shouse) defending. At the close of the proof Fleming County moved for a directed verdict.
It's a bad case right but the damages are significant. Still it seems very likely the plaintiff met his proof burden to advance the case to a jury. There was evidence the bus driver violated his duties and was a substantial factor in causing the wreck from the plaintiff's accident expert. Not so fast.
The trial judge granted the defense DV motion. Why? Schumacher held that as the plaintiff was admittedly somewhat at fault, and the wreck happened on his side of the road, the plaintiff was not entitled to a "sudden emergency" defense when he created the emergency himself. That's all wrong.
The sudden emergency defense is just that. It's a defense. It is not a part of the plaintiff's proof burden.
What should the judge have done? Denied the motion and submit the case to the jury on the principles of pure comparative fault. Its for the jury to decide. The jury might exonerate the bus driver. It might find the bus driver just 10% at fault. Or 2%. We've seen 1% fault assessments. But the plaintiff need not prove a sudden emergency.
Full Report in the May 2024 edition (28 KTCR 5).
A portion of the judge's DV order and the link to the full order below:
Published 4-16-24
Blockbuster Lawsuit filed against UK Athletics -- Women swimmers sexually groomed and assaulted -- and more verdict news
It's a busy Tuesday. We were in California this weekend (the daughter at Tulane was running in a track meet out there) and there was news that broke.
A former UK swimmer and assistant coach, Briggs Alexander (he has transitioned but swam at UK as Bridgette Alexander) and a second swimmer and coach, Jane Doe, herself a 14-time All-American at UK, (apparently, Bailey Bonnett who is now an assistant swim coach at Marshall University), allege in a lawsuit filed Friday that former Coach Lars Jorgensen groomed, assaulted and raped them over a course of years, among other coaching abuse.
The suit alleges UK knew about it (including the Athletic Director) and did nothing. The lawsuit at 93 pages is lengthy and detailed. If the allegations are true, its bad for the University of Kentucky. UK had quietly permitted Jorgensen to resign last year and paid him $75,000.
Jorgensen (pictured) says it is all made up.
Justin Whitaker, Cincinnati, OH and Megan A. Bonanni and Channing Robinson-Holmes PITT, McGEHEE, PALMER BONANNI & RIVERS, Royal Oak, MI for the plaintiff.
The link is to the lawsuit:
The UK Swimming Lawsuit (93 pages)
Verdict Update
We've also got a brief update on two verdicts from last week. Full reports coming in the May 2024 (28 KTCR 5) edition.
Kenton County -- Med Mal -- Casting technician for orthopedist blamed for an erroneous casting that to a lower extremity peroneal nerve injury and permanent dropped foot. Defense verdict.
Marshall County - Employment Retaliation - Pharmacy manager at hospital alleged she was fired for alleging gender discrimination. She was awarded $100,000 in lost wages but nothing for embarrassment or humiliation.
Published 4-5-24
$170,000 (less 45% comparative fault) premises liability verdict this weekend in Springfield (Washington County).
Verdict was all special damages. No pain. No suffering
The plaintiff tripped on a protruding and unguarded pipe at a gas station while he was fueling a tractor-trailer. Plaintiff suffered a nasty cut to his shin (it was stitched) as well as hip and shoulder injuries. He later had a hip replacement and two shoulder surgeries.
Plaintiff alleged negligence and gross negligence, the pipe being exposed for 444 days. He sought compensatory and punitive damages. The gas station denied fault.
The jury had questions deliberating including: Did the plaintiff have medical insurance? Did the trucking firm pay worker's compensation? When did he call a lawyer? Before he went to the hospital?
The jury was mixed on fault. 55% to the gas station and the remainder to plaintiff. Plaintiff took special damages of $150,000 and $20,000 more in punitives for a total of $170,000. However there was nothing for pain and suffering. There are some other interesting angles we will discuss in the May 2024 edition when we report this case.
The pipe in question is pictured below.
P. Todd Varellas and Jeremy Pritchard, Varellas & Varellas, Lexington for the plaintiff
Gary W. Thompson and Summer R. Burgess, Richardson Law Group, Lexington defending
Published 4-4-24
The April 2024 issue (28 KTCR 4) is out later this week -- Here's a preview from the Table of Contents
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Published 4-3-24
March was Bonkers for Jury Verdicts -- Five Million-Dollar Plus Verdicts in Kentucky
March was some kind of a month. There were five million-dollar plus verdicts and two other very solid plaintiff results. I don't remember a stronger run for plaintiffs in the 25 years I've been doing this. Ever. Unprecedented. Thus as the headline suggests, its bonkers.
It's like Home Run Derby out there. Here is a quick rundown on the results. There were defense verdicts too of course, but this is something.
Truck Negligence - $163 million - Tyler Thompson - Jefferson County - 3-11-24
Medical Negligence - $7.7 million - Chad Gardner - Jefferson County - 3-30-24
Horse Trail Negligence - $3.38 million - Abigale Green - Oldham County - 3-8-24
Negligent Security - $2.5 million - Kirk Laughlin - Jefferson County - 3-21-24
Premises Liability - $1.275 million - Brandon Smith - Jefferson County - 3-20-24
Auto Negligence - $601,853 - Cherry Henault - Clark County - 3-13-24
Employment Retaliation - $200,000 - David Royse - Lexington - 3-20-24
Published 4-2-24
Orthopedic Med Mal Verdict in Lexington -- Forgotten sponge alleged after an IM Nail surgery
The elderly plaintiff suffered a complex leg fracture in an unusual incident when a car crashed into a house and pinned her in the kitchen between the refrigerator and a countertop – then weeks after a surgery to install an IM nail to set her femur, an orthopedist placed a sponge during a VAC wound closure – it was alleged that this orthopedist forget and abandoned the sponge as did a second orthopedist a few days later that exchanged the VAC – the sponge then went undiscovered for 2.5 years and led to a second surgery to remove it – the doctors denied they’d left the sponge behind and suggested it was left by home health nurses who saw the plaintiff after the surgery
A Lexington jury heard the case for four days (before Judge Thomas Travis) and returned a verdict exonerating all five defendants. A defense verdict was entered.
B. Lee Kessinger, III and Mason Moore Kessinger, Kessinger Law Group, Lexington for the plaintiff
Edmond J. Benson, Benson Law Offices, Lexington defending
Full report coming in the April 2024 edition. It will be in your inbox later this week.
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Published 3-29-24
$200,000 Employment Retaliation Verdict in federal court in Louisville
$200,000 retaliation verdict last week in Louisville. HR Director at nursing home fired two weeks after she alleged sexual harassment. Why? Nursing home says because she didn’t have a nursing license. She’d surrendered it a few years earlier and was in recovery.
But the thing is, she says she disclosed that and licensure was not required for her job so it was retaliation, not licensure that motivated the firing.
David Royse and Keith Ransdell, Ransdell Roach and Royse, Lexington for plaintiff
Brandon Sword, Amelia Kitchens and Matthew Steinberg from Quintairos Prieto Wood & Boyer, Louisville defending.
Full report coming in the April edition, 28 KTCR 4.
Published 3-27-24
Highlands ARH has sued the local judiciary in Floyd County over a new sua sponte policy in handling psychiatric holds
Highlands ARH in Prestonsburg filed a lawsuit on 2-27-24 that has challenged a sua sponte policy that the hospital must make involuntary psychiatric hold decisions (KRS 202A) without input from the judiciary. The policy has led to the hospital ER filling up with psychiatric patients when the psychiatric unit is full. Moreover those patients (who may be dangerous) are left unsecured in the ER and pose a danger to staff and other patients. The complaint alleges Highlands ARH is singled out for the policy which was crafted without input from the Supreme Court.
The complaint seeks injunctive and declaratory relief. The full complaint is linked below.
Christopher Melton and Emily Lineweaver of Wyatt Tarrant & Combs in Louisville filed the complaint for the hospital.
The ARH v. Floyd County Judges Complaint
Published 3-21-24
March Madness!
A TV shroud (weighing 12-15 pounds) fell at a sports bar and struck the plaintiff in the head -- $1.275 million verdict yesterday in Louisville
The plaintiff was a patron at Harry's Bar (sports bar in the East End) when a TV shroud (it weights 12-15 pounds and covers TV cords) fell without warning and struck him in the head. It led to a disc injury (surgically repaired) and a mild TBI. It turns out a sign company had attached the TV shroud that very day and instead of using screws, it just used fastening tape. The bar had a retractable roof and apparently the humidity and heat affected the tape.
Fault was admitted. The jury tried the case on damages only, the primary contested issue being the plaintiff's ongoing care. The jury awarded a total of $1.275 million which included $756,611 for pain and suffering. The odd future suffering ($256,611) doesn't look like a quotient verdict as instead the jury stuffed that odd number to reach $1.275 million exactly.
Full report coming in the April 2024 edition (28 KTCR 4).
The scene as the TV shroud fell and the verdict form . . .
Brandon W. Smith, Indianapolis, IN and Jason Swinney and Danielle Blandford Morgan, Louisville, all of Morgan & Morgan for the plaintiff
Zachary C. Harris and Denise B. Askin, Landrum & Shouse, Louisville defending
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