Jury Trial & Case Results

Jury Trial Results


Tricia LeMeur and Nicholas Hart successfully defended a medical malpractice action against a radiologist in Danville, Kentucky. Plaintiff claimed that the radiologist failed to identify an acute knee fracture following a skateboarding fall. Plaintiff ultimately required surgery to correct his knee issues. After four days of evidence, a Boyle County, Kentucky jury returned a defense verdict for the radiologist.


Tricia LeMeur and Nicholas Hart successfully defended a medical malpractice action against a dialysis facility. Plaintiff claimed that the dialysis nurses/staff failed to adequately supervise the patient causing the patient to fall and break his hip. The patient died two months later from complications allegedly related to his broken hip. As a result of the alleged negligence, Plaintiff sought over $6 million in damages. A Jefferson County, Kentucky jury returned a unanimous verdict for the defense.


John Parker and Nicholas Hart successfully defended a medical malpractice case against a chiropractic doctor. The Plaintiff claimed that the chiropractor failed to perform proper diagnostic testing prior to initiating treatment, failed to obtain adequate informed consent, and that the chiropractor used excessive force during chiropractic manipulation resulting in a stroke following a dissection of Plaintiff’s vertebral artery. As a result of the alleged negligence, Plaintiff claimed she now suffers from permanent motor/balance issues, slurred speech, involuntary movements and memory loss. Plaintiff, age 36, is now unable to work. Plaintiff sought over two million dollars in damages. After seven days of evidence, including four experts on behalf of the plaintiffs, a Woodford County, Kentucky jury returned a unanimous defense verdict in less than twenty minutes.


Joe Effinger and Matt Piekarski successfully defended a motor vehicle accident case brought by a husband and wife against a meat delivery company and their truck driver, which was tried on damages only.The Plaintiffs were rear-ended by the meat delivery truck while stopped at a red light.  Following the accident, the Plaintiffs called a medical/legal referral line, “1-800-ASK-GARY,” and retained counsel.  The Plaintiffs jointly claimed nearly $180,000 for medical treatment, including three surgeries, related to neck, back and shoulder injuries allegedly caused by the accident.  At trial, they asked the jury for over $500,000 in total damages.  Liability for the accident was admitted.  The case was tried with no Defendant present, as the Defendant driver had passed away (unrelated to the accident), and the meat delivery company had long since been dissolved.  In accordance with the defense’s theory and argument, the Jefferson County jury rejected the Plaintiffs’ claims that their neck, back and shoulder surgeries were necessary and related to the accident.  They awarded the Plaintiffs just $16,500 in recoverable damages


Bill Orberson, of the Louisville office, and Jane Higgins, of the Lexington office, successfully defended a trucking liability case before the Hardin County Circuit Court.

The subject accident occurred on I-65, after the co-defendant swerved into our client’s lane and was struck in the rear by our client’s truck.  The co-defendant then struck the Plaintiff, a commercial truck-driver, who was changing a tire on the shoulder.  The Plaintiff claimed damages in excess of $1,000,000 for mild traumatic brain injury, PTSD, and herniated discs in his lower-back.  On the second day of trial, but before the Plaintiff closed his case, Bill and Jane successfully moved for a directed verdict, arguing that the Plaintiff had failed to prove, and could not prove, any breach of duty against our client.

This was Bill’s 4th career directed verdict.


John Phillips and Katie Watts, assisted by summer associate Sarah Lawson, successfully defended a neurosurgeon in a medical malpractice wrongful death action.

The Plaintiff claimed that the neurosurgeon failed to see the 23-year-old patient in a timely fashion upon the patient’s transfer from an outside facility and failed to order proper radiology studies, resulting in the patient’s death. The patient’s widow sought over $7 million in damages for the death of her husband. The jury returned a unanimous defense verdict in favor of the neurosurgeon.


John Parker and Nicholas Hart successfully defended a medical malpractice case against a podiatric physician. The Plaintiff claimed that the physician failed to timely and appropriately address a surgical complication with a return to surgery resulting in multiple surgeries and loss of the plaintiff’s extensor tendon. Plaintiff, age 40, is now limited in her ability to walk and otherwise perform everyday activities. Plaintiff sought over one million dollars in damages. A Boone County, Kentucky jury returned a unanimous defense verdict after brief deliberations.


Nicholas Hart successfully defended a trucking company in Dixon, Kentucky (Webster County) which was accused of causing a multi-truck accident on the Pennyrile Parkway, resulting in multiple personal injuries and significant property damage. Mr. Hart successfully proved that his client was not at fault, obtaining a unanimous verdict. Mr. Hart also recovered 100% of the property damage sustained by his client in the accident.


John Parker and Nicholas Hart successfully defended a governmental housing authority in Louisville, Kentucky against claims that a resident suffered severe physical injury after years of alleged mold exposure in her public housing apartment. Plaintiff claimed that despite complaining of mold in her apartment for over 7 years, the housing authority failed to properly remediate the hazard. Plaintiff’s alleged injuries included respiratory, cardiac and mental issues. Plaintiff initially sought over $1.8 million in damages, including punitive damages, but after pre-trial motions excluded a number of Plaintiff’s claims, Plaintiff’s demand to the jury was $1.06 million. At trial, the defense took great issue with Plaintiff’s claims of injury and causation. While it appeared mold may have been present in the tenant’s apartment, mold is commonplace in many environments. Furthermore, upon first notice of the possible presence of mold, the housing authority staff immediately addressed the complaint. With regard to the physical effects of mold exposure on the tenant, plaintiff relied on two physicians who discounted or ignored her health history, including chronic morbid obesity. These weaknesses were highlighted on cross-examination. The jury returned a verdict for the housing authority and plaintiff took nothing.


John Parker and Tricia Le Meur successfully defended a local surgeon in Glasgow, Kentucky who was accused of medical malpractice by a former patient who had undergone laparoscopic cholecystectomy (surgical removal of the gallbladder). The right hepatic duct had been inadvertently clipped during surgery, which was not discovered until 12 months after the surgery and resulted in the Plaintiff losing approximately 40% of her liver. The Plaintiff claimed that the surgeon breached the standard of care, and she sought over $2,000,000.00 in damages. The defense demonstrated that the Plaintiff had a rare congenital anomaly of her hepatic anatomy, which, together with her unusual post-surgical presentation, masked the ductal occlusion and precluded the surgeon and the other treating physicians from discovering her condition earlier. After a brief deliberation, the jury returned a unanimous verdict in favor of the surgeon.


John Phillips and Katie Watts received a unanimous defense verdict in Paducah for a Bowling Green ophthalmologist accused of medical malpractice by his former cataract patient. The Plaintiff claimed that the Defendant-Doctor committed an array of breaches of the standard of care involving the evaluation, performance and follow-up of a complicated cataract extraction. Mr. Phillips argued that the Defendant-Doctor adequately evaluated the patient for surgery, properly reacted to unforeseen conditions intra-operatively that complicated the surgery, and was appropriately assessing and treating the patient’s complications in follow-up until the patient elected to discontinue his treatment. The Plaintiff had asked the jury for over $3,000,000 in compensatory damages.


John Phillips and Matt Piekarski received a unanimous defense verdict for a prominent Louisville attorney accused of malpractice by his former client and her mother. The Plaintiffs claimed that the Defendant-Attorney committed an array of breaches of the standard of care involving the settlement of a divorce case at mediation. Mr. Phillips argued that the Defendant-Attorney adequately prepared for mediation, sufficiently informed the Plaintiffs about the mediation, and gained a successful result for the Plaintiffs at mediation. It was further argued that any damages incurred by Plaintiffs were the result of the Plaintiffs’ later decision to repudiate the settlement agreement and not any fault of the Defendant-Attorney. The Plaintiffs had asked the jury for over $40,000 in compensatory damages and sought punitive damages in the amount of $350,000.


Sean Ragland and Nicholas Hart prevailed for their attorney client in a legal malpractice case arising from a commercial real estate transaction. The Plaintiff was an LLC attempting to sell an office park. The LLC alleged that the attorney negligently failed to advise the LLC that it could not comply with a critical provision contained in a proposed 6.25 million dollar contract for the sale of the property. The LLC contended that the lawyer actually admitted in an email sent to the LLC that he had failed to even notice the provision when he reviewed the contract. The Plaintiff sought recovery of 1.1 million dollars in damages it claimed resulted from the botched transaction. After approximately 45 minutes of deliberations, a Jefferson Circuit Court jury returned a verdict for our client.


Tricia Le Meur successfully defended a medical malpractice case against an internal medicine physician. The Plaintiff claimed that, following her scheduled office visit, the physician improperly left her alone in the examination room to get down from the examination table unassisted. The Plaintiff fell, sustaining both a hip fracture and arm injury. The Plaintiff sought just under $270,000.00 in damages. After a brief deliberation, the jury returned a unanimous defense verdict in favor of the physician.


John Parker and Tricia Le Meur received a unanimous defense verdict for their ophthalmologist client in a significant medical malpractice case arising from a complication from cataract surgery – a retrobulbar hemorrhage – which left the Plaintiff legally blind in one eye. The Plaintiff contended that the surgery was contraindicated based on the condition of the eye, potential side-effects his heart medication, and post-surgical sequella from prior cataract surgery on the other eye. The Plaintiff sought $2,600,000.00 in damages. The jury returned a unanimous defense verdict.


John Parker successfully defended a medical malpractice claim against a pediatric cardiology group who the plaintiff claimed failed to diagnose and properly treat her heart abnormality arising from potential Marfan Syndrome. The Plaintiff became pregnant and successfully delivered a child, but two days later she suffered an aortic dissection, followed by congestive heart failure. She underwent several surgeries but remained at risk for additional future surgeries. The Plaintiff sought over $7,500,000.00 in damages. The jury returned a unanimous verdict in favor of the pediatric cardiology group, as well as two other defendants.


John Parker successfully defended a medical malpractice case against a general surgeon whom the Plaintiff claimed performed an incomplete laparoscopic appendectomy. Eighteen months following the original procedure, the Plaintiff presented to an emergency room and was diagnosed with a ruptured appendix and sepsis. Post-operative pathology reports evidenced 2.8 cm of appendix tissue removed in the original procedure and 4.2 cm of appendix tissue in the second. The Plaintiff sought damages of $390,000. Mr. Parker argued a recognized complication of “stump appendicitis.” A Jefferson Circuit Court jury returned a defense verdict by an 11-1 count.


Susan Phillips and David Thompson received a defense verdict for their hospital client in a significant medical malpractice claim arising out of the neurological impairment of a newborn. The Plaintiffs contended that their daughter suffered neurological impairment, which resulted in profound cerebral palsy, during labor and delivery. The Plaintiffs claimed the nursing staff was negligent in failing to identify the critical nature of the baby’s status, and failing to contact the physicians to ensure their timely arrival at the hospital. Ms. Phillips and Mr. Thompson presented two leading authorities in neonatology and nursing care as expert witnesses, both of whom strongly defended the care of the nursing staff and supported the defense theory that the injury occurred prior to the Plaintiffs’ presentation to the hospital. After four and one-half weeks of trial, the jury deliberated for a little over an hour before returning a unanimous defense verdict in favor of the hospital.


Tera Rehmel successfully represented a hospital client in a case wherein the Plaintiff alleged that the nursing staff inappropriately assessed her falls risk and inappropriately monitored her, resulting in a fall. The Plaintiff claimed a permanent injury to her left arm which rendered her left arm essentially useless. The Plaintiff was seeking over $489,000 in damages.


Joe Effinger successfully defended a personal injury action wherein the Plaintiff sought tort damages and underinsured motorist benefits following an accident in Hardin County. After less than twenty minutes of deliberations, the jury returned with a threshold verdict.


John Parker and Nick Hart successfully defended a medical malpractice case against a podiatric physician. The Plaintiff claimed that the physician improperly inserted a compression screw into the plaintiff’s great toe joint space as interpreted by a subsequent treating radiologist and orthopedic surgeon following CT scan. The Plaintiff also claimed a nerve injury, permanent disability and inability to return to her employment as a fork lift operator. The Plaintiff sought over 1.6 million dollars in damages. A Jefferson County, Kentucky jury returned a unanimous defense verdict after brief deliberations.


Sean Ragland successfully defended a hospital client after a patient alleged that nurses failed to follow a strict bed rest admonition, causing the patient to fall multiple times. The Plaintiff alleged that the falls caused him serious injury including paralysis, incontinence and compression on his spinal cord. The Plaintiff claimed over $4.9 million dollars in damages. A Breathitt County, Kentucky jury returned a unanimous defense verdict in 45 minutes.


John Phillips and Katie Watts successfully defended a local plaintiff’s trial attorney in a legal malpractice case. The case involved the trial attorney’s preparation and presentation of his client’s personal injury trial. Although the client received a jury verdict in his favor, his dissatisfaction with the result prompted him to blame his attorney for nearly every aspect of the representation. Phillips and Tipton defended the case by establishing that the attorney used reasonable professional skill and judgment in his presentation of the personal injury case. The legal malpractice case was bifurcated into liability and damages phases, and the jury returned a unanimous defense verdict in the liability phase after only 30 minutes of deliberation.