Lauren Crosby Thompson and Jessica Droste Simon successfully defended another premises liability personal injury action on behalf of their client, Cascio Enterprises, d/b/a McDonald’s, in Mason Circuit Court. In that action, the Plaintiff claimed she injured her wrist after falling on a wet floor in a McDonald’s restaurant in Maysville. The Plaintiff admitted to seeing wet floor signs in the area and her testimony and surveillance video of the interior of the restaurant confirm that an employee was visible cleaning in the area where Plaintiff fell. Plaintiff’s theory was that McDonald’s was negligent because the employee was mopping outside of the perimeter created by the three wet floor signs. McDonald’s defended by arguing that the Plaintiff had been adequately warned. The jury returned a verdict after less than one hour of deliberations in favor of the Defendant McDonald’s franchise owner.
Jane Higgins and Sarah Noble achieved a defense verdict in Laurel Circuit Court in a personal injury action brought against their client, a London car dealership. The Plaintiff claimed to have sustained a shoulder injury after falling from the bed of a pick-up truck on the dealership lot as he climbed over the tailgate after inspecting the fifth wheel of the vehicle. Specifically, Plaintiff alleged the tailgate had been improperly or partially latched by a dealership employee and spontaneously opened as he crossed over it, throwing him 15 feet onto the ground, where he landed on his shoulder. The Plaintiff claimed that the dealership was negligent for its alleged creation of the hazardous condition and/or its failure to warn the Plaintiff of that condition. No testimony was offered providing that a dealership employee improperly closed the tailgate and testimony from multiple dealership employees confirm that a partially latched tailgate is, at best, an expected condition(if not impossible). The jury deliberated for less than one hour before returning a verdict in favor of the dealership.
Bill Orberson and David Giesel successfully defended a personal injury action brought against their client in Jefferson Circuit Court. Plaintiff claimed significant damages as a result of a three-car motor vehicle accident which took place on 11/06/14. The initial impact between the defendant’s vehicle and the center car was significant and caused the center vehicle to rear end the plaintiff’s car. The severity of the impact between the center car and the plaintiff’s vehicle was contested. The defendant conceded fault and the case was tried solely on the issue of damages. Plaintiff claimed cervical disc bulges/protrusions and a shoulder injury. She sought medical expenses in the amount of $16,500, lost income in the amount of $3,600, and pain and suffering in the amount of $300,000. The case was tried over three days and the jury awarded $3,249.25 for medical expenses and nothing for lost wages or for pain and suffering. Because of the “set off” provided in the Kentucky Motor Vehicle Reparations Act, judgment in the defendant’s favor was granted.
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.
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 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.
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.
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.
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.
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.
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