Phillips Parker Orberson & Arnett is pleased to announce that Nicholas R. Hart is now a partner with the firm. Hart has had an active trial and appellate practice in both Kentucky and Indiana since joining the firm in 2007. His practice is primarily focused in the areas of medical malpractice defense, professional liability defense, toxic torts, premises liability defense and products liability defense. Hart attended the University of Kentucky College of Law.
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 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.
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.
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 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.
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.
Tricia Le Meur 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.
Tricia Le Meur 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.
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