INSURANCE DEFENSE RESULTS
Boone Circuit Court Jury Trial 2011
Underinsured Motorist Case
Pre-Trial Demand $750,000
This case arose from an automobile accident which occurred on November 16, 2006, at approximately 5:50 p.m. at the intersection of Old Toll Road and U.S. 42 in Florence, Boone County, Kentucky. Plaintiff was operating an automobile traveling west on the right lane of U.S. 42 with a passenger. The defendant allegedly disregarded a stop sign, was attempting to make an improper right turn, failed to yield the right-of-way, and collided with the plaintiffs in the intersection of Old Toll Road onto westbound U.S. 42. According to the police report, the conditions were dark, rainy, and the traffic on U.S. 42 was heavy. The defendant has also testified that the streetlights were not illuminated. The accident was observed by an off duty Erlanger Police officer who claims that the plaintiffs’ car was traveling without its headlights on at the time of the collision. However, subsequent to the collision and at the time of the police and Fire/EMS arrival, the plaintiffs’ vehicle’s headlights were on. The defendant corroborates the off-duty officer’s headlight observation, and claims that she did not see the plaintiffs’ approaching from the left as she began to pull out into the right lane of U.S. 42.
As a result of this accident, the plaintiff claimed injuries and/or symptoms of: neck pain/cervical strain, back pain, shoulder pain, chest wall contusion/chest pain, heart attack, hip pain, hip contusion, knee contusion/pain, anxiety/depression, post traumatic stress, cerebral concussion, closed head injury, headaches/dizziness, memory loss, difficulty with concentration. The plaintiff had pre-existing injuries to his neck and cervical spine including two cervical spine surgeries.
The plaintiff claimed the following damages as a result of this accident: past & future medical expenses-$150,000; future medical expenses-$100,000.00; pain and suffering-$500,000.00; lost wages & earning impairment-$200,000.00; impairment of power to earn money in the future-$500,000.00
The plaintiff had $30,000 in Personal Injury Protection and added Basic Reparation Benefits. The defendant tendered their policy limits of $50,000.00 to the plaintiff. Prior to trial, the plaintiffs’ settlement demand was $750,000.00. A trial was held in the Boone Circuit Court and lasted 9 days. The jury did not find for the plaintiff, and a defense verdict was entered. An appeal is pending.
Federal Court-Eastern District of Kentucky
Court Granted Defendants’ Motion for Summary Judgment 2012
This case arose from an ex-husband who sued his ex-wife in Federal Court. The plaintiff claimed that defendant (his ex-wife) caused (1) malicious prosecution; (2) intentional infliction of emotional distress; (3) defamation; and (4) invasion of privacy. All of these claims arise out of ex-wife’s decision to seek medical care for their six-year-old son after she found bruising on his legs and buttocks subsequent to a joint custody visitation with her ex-husband.
The plaintiff also filed the same claims against a detective of the Boone County Sheriff’s Department, individually, and as a detective of the Boone County Sheriff’s Department, along with a claim of a Federal Civil Rights violation against the detective.
The plaintiff filed similar claims against the Boone County Commonwealth’s Attorney, individually, and as the Boone County Commonwealth’s Attorney, however, these charges were voluntarily withdrawn by plaintiff’s counsel.
This lawsuit stems from a felony charge of criminal abuse in the first degree was brought by the Boone County Sheriff’s Department as a result of this incident. This charge was dismissed at the preliminary hearing for lack of probable cause. In essence, it appears the police department “overcharged” the plaintiff and the plaintiff was able to get those charges dismissed. It is without question that the plaintiff, used a belt to spank his 6-year-old son.
It was apparent that the defendant did not file this criminal charge nor did she encourage the filing of the criminal charge. It was the defendant’s position that she merely took her pediatrician’s advice and took her child to Cincinnati Children’s Hospital (the Mayerson Center). The social workers at the Mayerson Center and the physicians who examined the young boy referred the matter to the social worker in Boone County who referred the matter to the Boone County Sheriff’s Department for investigation and possible prosecution.
The plaintiff claims that the defendant, ex-wife, had bad motives and was trying to seek an advantage in a post-divorce decree child custody issue. However, no child custody or change of custody motions were pending nor have they been filed since.
Defendants’ filed motions for summary judgment. After an extensive briefing schedule, the Court granted the defendants’ motion for summary judgment and dismissed the matter from the Court’s docket. Plaintiff did not file an appeal.
Boone Circuit Court Jury Trial 2012
Pre-Trial Demand $150,000
Jury Awarded $-0- for Pain and Suffering
This case arose from a dog bite incident that occurred on the property of the plaintiff. The defendants owned a four (4) month old Labrador Retriever puppy that had escaped from its cage. This was the first time that the puppy had escaped her dog run. The puppy wandered next door and into the plaintiff’s garage. The plaintiff, upon finding the puppy in her open garage, began petting and rubbing the puppy’s tummy. When she went to go back inside, she noticed that the puppy had started playing with her daughter’s jersey and socks. At the time of this incident, the plaintiff was walking into her garage where the puppy was approaching her daughter’s soccer uniform. Plaintiff then picked up the uniform and claims that the puppy then bit her on the right wrist/forearm. The puppy had never bitten anyone nor acted in an aggressive manner towards anyone, including the neighborhood children who have played at the defendant’s home. Plaintiff also let her daughter play with the puppy frequently.
The plaintiff claimed a bite to her right interior arm, an aggravation of a preexisting back injury and injury to her right wrist. The plaintiff claimed approximately $4,300.00. However, she has only collected and could only document $2,741.00. A mediation was held and the plaintiff’s settlement demand was $150,000.00. Defendants offered $4,500.00 as full and final settlement. This offered was rejected by the plaintiff. A trial was held in Boone Circuit Court. The jury awarded the plaintiff $591.00 for past medical expenses. The jury awarded the plaintiff $-0- for past and future pain and suffering.
CAR ACCIDENT-PLAINTIFF AIR-CARED
Grant Circuit Court Jury Trial 2012
Jury Awarded $12,000 less than Pre-Trial Offer
This case arises from an automobile accident that occurred on November 30, 2007, at the intersection of South Main Street (a.k.a. U.S. 25) and a private drive in Williamstown, Grant County, Kentucky. The vehicle driven by the plaintiff was traveling north on U.S. 25 when the vehicle driven by defendant pulled out of the private drive and attempted to make a left turn on South U.S. 25. The plaintiff attempted to swerve to miss the defendant’s vehicle; however, the two vehicles collided. Impact was severe.
The plaintiff was airlifted from the scene to University of Cincinnati Medical Center. As a result of the accident, the plaintiff suffered injuries to her neck, shoulders, right forearm, right leg and chest in this accident. The majority of these injuries (chest, leg and arm) resolved without any substantial medical treatment. Of most significance, she claims she injured her neck and continues to have neck pain and resulting headaches even to this day.
The year following our accident, the plaintiff was involved in another automobile accident. She was rear-ended on her way to visit her chiropractor. The plaintiff acknowledged she was injured in the subsequent automobile accident. The plaintiff advised that she injured her lower back.
The plaintiff, prior to the trial of this matter was claiming $34,462.94 in past medical expenses; future medical expenses of $20,000.00; lost wages of $1,192.40; past pain and suffering $100,000.00; and future pain and suffering $50,000.00. The plaintiff claimed a total amount of damages of $205,655.35. The plaintiff’s settlement demand before trial was $100,000.00. The defendant’s pre-trial settlement offer was $27,500.00.
At the trial, the jury awarded the following: past medical expenses: $20,281.00; pain and suffering $5,000.00; future pain and suffering -$0-; lost wages $300.00. The total jury verdict $25,581.00 which was reduced by $10,000.00 of tort liability for all damages paid or payable by KRS 304.39. Judgment was entered in the amount of $15,581.00.
Kenton Circuit Court Jury Trial 2011
Jury Awarded Nothing for Pain and Summary
Uninsured Motorist Claim
The accident event of this case occurred on December 1, 2007 on Mt. Zion Road, in Florence, Boone County, Kentucky. Plaintiff was stopped at a red light when she heard defendant’s brakes squealing. Plaintiff glanced in her rearview mirror and was struck in the rear just seconds later. The plaintiff was wearing her seatbelt and had both hands on the steering wheel. She sustained no loss of consciousness. The plaintiff did not request any medical assistance at the scene. The plaintiff drove her vehicle home from the scene of the accident. She did not seek any emergency medical treatment immediately after the accident event, in fact, she did not seek any medical treatment until sixteen (16) days after the subject accident. As a result of the accident, the plaintiff claimed the following injuries: aggravation of a prior neck injury, burning into her shoulders, bilateral carpal tunnel syndrome, and an aggravation of a prior left knee injury.
The plaintiff claimed the following damages: past medical expenses-$8,777.48; wage loss & future impairment-did not assert a claim. A trial was held at the Kenton Circuit Court. The jury’s awarded the following: past pain & suffering $-0-; future pain and suffering $-0-.
Kenton Circuit Court Jury Trial 2008
Pre-Trial Demand $125,000
Result $0 (after no-fault set off)
This case arose from a “rear-end” automobile accident that occurred in Ft. Wright, Kentucky. The defendant was entering Interstate 75 North from Kyles Lane. She was looking to merge onto I-75 and did not see the plaintiff’s vehicle slowing to a stop. She struck the plaintiff’s vehicle in the rear, pushing it into the rear of another vehicle. As a result of the accident, the plaintiff claimed injury to her neck, mid and lower back, left hip, left knee, left shoulder and her right hip, as well as a 30-35 pound weight gain due to an inability to perform physical activities. She did not seek medical treatment at the scene of the accident but went to see her primary care physician later that same day. Her primary care physician diagnosed her with a cervical strain and contusion to her left knee, generalized soreness in her back muscles and told her to treat the area with ice and Advil/Aleve.
The plaintiff’s settlement demand was $125,000.00. We offered $4,500.00 exclusive of no-fault, which the plaintiff rejected. A three day trial was held in Kenton Circuit Court. At the trial the plaintiff claimed the following damages: past medical expenses $25,622.65; future medical expenses $5,770.00; past pain and suffering $175,000.00; future pain and suffering $75,000.00; lost wages $24,000.00. The jury awarded the following: past medical expenses $1,580.00; future medical expense $-0-; past pain and suffering $-0-; future pain and suffering $-0-; lost wage $-0-. The medical expenses awarded by the jury were previously paid by no-fault benefits.
Kenton Circuit Court Jury Trial 2008
Jury Awarded Nothing for Pain and Summary
Plaintiff was stopped in traffic in Covington, Kentucky when she was rear-ended by the defendant, at a low rate of speed. As a result, of the defendant striking the plaintiff, the plaintiff then struck the vehicle in front of her. The plaintiff claimed to suffer shoulder pain, neck pain and increase in headaches. Plaintiff was transported to St. Elizabeth Medical Center North via Covington EMS. She was treated and released. The plaintiff had a lengthy post-accident medical history. The plaintiff underwent four regimes of physical therapy, orthopedic treatment, cortisone injections, pain management, epidural steroid injections and neurological treatment. The plaintiff claimed the following: medical expenses: $29,119.21; lost wages: $67,000.00; future impairment to earn money: $250,00.00; past pain and suffering: $250,000.00. A trial was held in the Kenton Circuit Court. The jury rejected that the plaintiff had a permanent injury. The jury also rejected the plaintiff’s past and future suffering and awarded nothing for pain and suffering. The jury verdict total was $9,013.00.
Mason Circuit Court Jury Trial 2008
Defense verdict on liability
Plaintiff was traveling down a roadway which was covered with ice. The defendant was traveling in front of the plaintiff, and was traveling slow due to the inclement weather and the ice covered roads. The plaintiff, as a result of operating her vehicle at an unreasonable speed given the road conditions, was unable to stop her vehicle as she began to descend the hill on U.S. 68 and struck the rear bumper of the defendant’s vehicle. There was no damage to the defendant’s vehicle and very little damage to the plaintiff’s vehicle. The plaintiff was removed from the scene of the accident via ambulance. The plaintiff alleged numerous bodily injuries and damages as a result of the automobile accident, including a right leg ligament/tendon injury. Plaintiff also claimed pulled ligament and tendons in her right foot. As a result of automobile accident, the plaintiff did sustain a traumatic injury to her right ankle and lower leg. She was required to wear a hard cast for four (4) weeks, a soft cast for several weeks thereafter, and was prescribed a brace.
As a result of the automobile accident, the plaintiff incurred approximately $2,581.35 in medical expenses and $893.75 in lost wages. The plaintiff demanded $5,893.75 exclusive of PIP. We offered $500.00 exclusive of PIP as full and final settlement. A two day trial was held in Mason Circuit Court. The jury found for the defendant and nothing was awarded to the plaintiff.
Gallatin Circuit Court Jury Trial 2008
Jury Awarded Nothing to Plaintiff
Plaintiff was stopped at a red light when a tractor trailer hit a patch of ice and struck the plaintiff’s vehicle in the rear. The plaintiff was jarred in the crash, but did not seek immediate care. The day after the accident, the plaintiff sought treatment at the local emergency room. The plaintiff was diagnosed with soft tissue type injuries to his neck, back of head and migraine headaches. He followed up with three to four months of chiropractic care. Plaintiff claimed the following: medicals expenses: $2,900.00; lost wages: $500.00; future lost wages: $125,000.00; future medical expenses: $70,000.00; past, present & future pain & suffering: $150,000.00; and court costs: $1,000.00. Prior to trial defendant offered plaintiff $5,250.00 as full and final settlement, which was rejected by plaintiff. A trial was held in Gallatin Circuit Court. The jury awarding nothing to the Plaintiff.
Campbell Circuit Court Jury Trial 2009
This case resulted after a kitchen fire in Newport, Kentucky. The defendants were tenants at said location. On July 8, 2006, the defendants were on vacation and allowed defendant to enter their apartment to take care of their cats while they were out of town. That evening a fire occurred in the residence and caused damage to the property. At the time of the fire, the landlord/property owner had an effective policy on the property that covered fire damage and loss. His insurance policy indemnified the landlord/property owner as to the fire damages to the property and now brings this subrogation claim against tenants of the property. The lease agreement between the defendants and landlord/property owner did not include any language concerning insurance coverage or risk of loss in the event of a fire.
Expert witnesses who investigated the fire and the stove/range from which the fire originated, determined that the fire was caused by careless or negligent cooking. The co-defendant was the only person that had been in the apartment on the date of the fire. She argues that the defendants’ cats turned on the stove and started the fire. The expert witnesses have determined that based upon the design of the pushmatic stove/range, it would be physically impossible for a cat or any other animal to turn on the burner and oven, both of which were determined to have been on at the time of the loss.
Plaintiff’s demand $18,932.52 as full and final settlement. At the trial of this matter the jury awarded nothing to the plaintiff. The verdict for liability was for the defendants. A defense judgment was entered.
Gallatin Circuit Court Jury Trial 2007
This case arises from a physical altercation that occurred at the Sparta Quick Stop in Sparta, Gallatin County, Kentucky. The defendant’s backed his Ford F150 into the plaintiff’s vehicle in the parking lot of the Sparta Quick Stop. The plaintiff and his wife proceeded to swear at the insured’s son and the plaintiff’s wife struck him in the face. The workers at the Sparta Quick Stop pulled the insured’s son into the store and locked the doors to protect him from the plaintiff and his wife. Upon his arrival at the Quick Stop, the plaintiff and his wife were still swearing at his son. The insured approached the couple to advise them that he had insurance and that everything would be taken care of. The plaintiff then began to cuss at and threaten the life of the defendant and proceeded to take four (4) rapid steps with his hands drawn back towards the defendant. As the plaintiff was rushing toward the defendant, in self-defense, the defendant struck the plaintiff in the face and jaw. The defendant was arrested and charged with second-degree assault, however, he was never indicted on the charges and the case was dismissed.
The plaintiff alleged that the defendant assaulted him with a metal object and “sucker punched” him from behind. The Sheriff Deputy testified that the plaintiff was the aggressor in this incident. It was the Deputy’s opinion that the defendant was defending himself. As a result of the incident, the plaintiff sustained a broken lower left jaw and fractured upper left jaw (requiring two metal plates inside his mouth), two teeth were knocked out of the lower left jaw and damage to his remaining lower left teeth, damage to his lip, numbness and no feeling in his left jaw. The plaintiff also claimed to suffer from periods of memory loss, dizziness and constant pain. As a result of the incident, the plaintiff claimed $20,000.00 in medical expenses. Plaintiff only provided $6,300.00 in documentation to support his medical expenses. A jury trial was held in Gallatin Circuit Court, which lasted two days. The jury found for the defendant. A defense verdict was entered by the court.