Personal Injury Verdicts and Settlements

AUTO ACCIDENT– FLORENCE BAR RESPONSIBLE FOR WRONGFUL DEATH

We represented the estate of a young man and his 15 month old son in a lawsuit against a Florence bar.  Our immediate investigation identified crucial independent witnesses who supported the allegation of the bar encouraging alcohol consumption by having bikini clad women serving “Jello shots”.  The facts and evidence supported the bar’s responsibility for over serving the deceased who died in a one car accident less than 2 miles from the bar.  Liability was contested and our prompt investigation of the automobile accident and witnesses that were present at the bar on the evening in question were critical in the successful result in this case.   Settlement – Confidential

MEDICAL MALPRACTICE

A surgeon in a local rural hospital botched the gallbladder surgery of our client.  What was to be a simple removal of a patient’s gallbladder ended up resulting in a laceration of her bile duct.  The surgeon did not take our client’s complaints of extreme pain after the surgery seriously and she was discharged.  She continued to have severe pain, returned to the emergency department where she underwent tests and was immediately transferred by ambulance to a large teaching hospital for treatment.  Our client underwent an additional surgery to repair the lacerated bile duct and was in the University of Kentucky Medical Center for ten days.  The medical license of the surgeon who performed the botched gallbladder surgery were ultimately suspended. The case settled.  Settlement – Confidential

MEDICAL MALPRACTICE

A local hospital misread the biopsy of a lymph node of our young client who continued to complain of stomach issues.  His parents persisted and Children’s Hospital subsequently diagnosed advanced stage cancer.  He then was subjected to chemotherapy.  If he had been correctly diagnosed at the beginning, his treatment would not have been as severe and his risk of reoccurrence significantly less.  Settlement – Confidential

TRUCK ACCIDENT – PERSONAL INJURY

Our client was injured when side swiped by a tractor trailer on I-71 near Carrollton, Kentucky.  The tractor trailer attempted to leave the scene of the accident but was stopped by the police several miles down the road.   The company that owned the tractor trailer was self-insured and made the client a minimal settlement offer.  Our client rejected the offer and retained our firm.  We worked diligently to document all of the client’s damages and obtain necessary medical opinions.   We filed a federal lawsuit in United States District Court, Eastern District of Kentucky.  After many months of discovery the case was ultimately settled.  Settlement – Confidential

 AUTOMOBILE ACCIDENT (SHERIFF’S DEPUTY) – PERSONAL INJURY

Our clients, a mother and her two young children were injured when a local sheriff’s deputy (who was driving while operating his onboard computer in a non-emergency situation) slammed into the rear of their car that was stopped to turn left.

The impact of the deputy’s vehicle was so violent it forced our client’s vehicle into southbound lane. Upon impact our client’s vehicle rotated 90 degrees to the left. At that same moment a pick-up truck with a large dual axle trailer was traveling southbound on Dixie Highway. This truck hit our client’s vehicle on the rear passenger side with such force it catapulted her vehicle several hundred feet off the road.

 While fault was never in dispute the speed of the deputy’s cruiser was hotly contested.  Even though the Sheriff’s department failed to retain the “black box” data, our expert witness was able to provide testimony that the deputy was exceeding the speed limit in the moments before the crash.  For this reason, there was significant evidence to support our allegation of punitive damages.

After several years of litigation and two mediations, the Boone County Fiscal Court settled all three personal injury claims.  Settlement – Confidential

MOTORCYCLE ACCIDENT – PERSONAL INJURY

Our clients were traveling south on US 27 in Pendleton County, near Falmouth, when a vehicle traveling northbound stopped to make a left hand turn.  Directly behind this vehicle approached another vehicle which was unable to stop, hitting the first stopped vehicle, careening into the oncoming traffic of southbound US 27 and in doing so, this vehicle collided with the motorcycle on which our clients were traveling.

Needless to say, our clients suffered serious injuries.  The driver of the motorcycle sustained serious “degloving” of the skin tissue to his left forearm and left lower leg, a fractured fibula at the ankle and a torn meniscus of his left knee.  His hospitalization and treatment for these injuries and rehabilitation was extensive.

Our client’s wife, who was a passenger on the motorcycle, sustained a fractured pelvis in three places, two fractures on the right, one on the left, a fractured left shoulder, a fractured right ankle, left forearm and torn ligaments in her left knee.  She too endured extensive hospitalization, rehabilitation and physical therapy treatment as a result of the injuries she sustained in this accident.  Settlement – Confidential

TRUCK ACCIDENT – PERSONAL INJURY

Our client’s automobile was struck by a semi-tractor trailer causing it to leave the roadway and flip several times.  As a result of this accident, she sustained several significant injuries the most significant of which was the fracture of her right hand and right shoulder.  She endured shoulder surgery and surgery of her right hand.  The fractures of her knuckles would not heal causing the ring and middle fingers of her dominant hand to have significantly less than full mobility.  Her fingers were positioned in a semi locked “claw” shape.  My client had to undergo extensive and painful physical therapy, multiple splint/cast, therapy and surgery; none of this treatment was successful in restoring mobility to her fingers.  Therefore her ability to do not only ordinary household tasks and personal grooming activities but also her ability to do her job was greatly compromised as a result of this accident.  Settlement – Confidential

 DOG BITE – MASON COUNTY, KENTUCKY PERSONAL INJURY

Our client went to a friend’s house to borrow several DVDs.  As she was walking down the driveway beside the house, the rear door of the house opened and suddenly two large dogs were running toward her.  The dogs, an American Pit Bull/Mastiff mix and a Pit Bull/Boxer mix, charged our client, biting her repeatedly on the legs and arms.  The dogs were shaking her in an attempt to drag her to the ground when the owner of the dogs ran outside, yelled at the dogs and pulled our client away by gripping her in a “bear hug” and dragging her to her car.  She remembered the dog’s owner frantically yelling, “Down, baby, down!” to stop the dogs from attacking.   As soon she could pull away, she locked herself in the car.   The dogs continued to try to attack her while she was inside her car.  One dog even tried to jump in the passenger window.  She scrambled to roll up the window before the dog could climb in.  Unable to drive any distance due to her injuries, her parents rushed her to the emergency room of a local hospital.

After the initial shock of the attack subsided, our client was in intense pain. She was bleeding profusely from a large bite on her right leg. The large pit bull had latched onto her leg and shook back and forth, ripping large chunks of flesh and muscle from her lower leg.  The dogs’ bites also inflicted several smaller puncture wounds on her legs and arms. As she assessed her injuries, she realized that she might have been exposed to any number of infectious diseases, including rabies.

The emergency room staff treated our client immediately for the bites. The emergency staff was particularly concerned about the possibility of infection. The doctors cleaned the wounds as best they could and prescribed antibiotics to combat potential infection.  Even though the antibiotics prevented any serious infection from developing, our client experienced intense, debilitating pain.   For weeks after the attack she was unable to bear weight on her leg and had to use a walker or cane to move about.  She sustained significant scarring which will require cosmetic surgery in the future.  Settlement –Policy Limits of $100,000.00

SLIP & FALL – PERSONAL INJURY

Our client was a deli worker at a local company. The lobby area of the building in which the company is located was being remodeled.  Our client was pushing a food cart near an area of construction while performing her work duties when she slipped on a clear slippery substance that migrated from under a construction barrier where construction services were being performed.  She did not have any reason to anticipate the substance on the floor nor have an opportunity to recognize it prior to slipping.

As a result of the fall she sustained a sprained ankle, jammed her wrist into the ground, and also hit the back of her head and neck on the ground. Our client was diagnosed with a neck strain, wrist sprain and ankle sprain.  She later reported tingling down her left hand and numbness on the left side of her head with pain moving into her head, neck and left shoulder area and she was experiencing unbearable headaches daily.  Settlement – $140,000.00

AUTOMOBILE ACCIDENT – PERSONAL INJURY

Our elderly client was stopped when a young woman failed to stop. We located an independent witness that saw the young women reach into the back seat moments before impact.  She hit our client’s car so hard it was knocked off the road.  Our client suffered neck and back pain.    Settlement – $82,500.00

SLIP & FALL – PERSONAL INJURY

A young woman entered a Covington grocery store at which time she fell on the slippery floor.  As a result of the fall, she sustained a fractured elbow, torn ligament and a ligament injury to her left thumb.  She had great difficulty doing any physical activities, needed assistance with groceries, laundry and basic chores.  She also was forced to drop her college classes.  Settlement – Confidential

 SLIP & FALL – PERSONAL INJURY

An elderly woman suffered a contusion and hematoma so severe that she thought she had broken her hip, when she slipped and fell coming out of a local Country Club.  She had been playing cards with some friends at the Club.  As she walked out the front door, carefully down the front exterior tile steps, to the valet parking area, she slipped on a clear “liquid salt” that had been applied by employees in order to prevent ice from forming.  Our client treated with medical providers for approximately 10 months as a result of this fall.  The case ultimately settled.  Settlement – Confidential

SLIP & FALL – PERSONAL INJURY

Our client went to a local department store with her two young daughters for an afternoon of shopping.  When she approached the store and stepped onto the handicap ramp, she slipped on the freshly painted surface and fell hard to the ground injuring her forearm, elbow, hip and lower back.  Our investigation discovered the painting contractor failed to add safety “grit” to the paint.    She suffered for months with back and arm pain, she needed assistance from her husband and children with everyday household chores and her work suffered as a result of this fall.    Settlement – Confidential

TRUCK COLLISION – PERSONAL INJURY

While traveling to work in the early morning hours, our client came upon a large motor vehicle carrier which was parked illegally on an unlit roadway with the rear gate lowered creating an illegal and dangerous situation for drivers.  The parking signs clearly prohibited parking in the area.  Not seeing the motor vehicle carrier until it was too late to stop; our client collided with lowered rear gate of motor vehicle carrier, causing significant injury to her head and neck.   Settlement – Confidential

TRUCK COLLISION – PERSONAL INJURY

Our client and her young daughter were traveling southbound in the right hand lane of the ramp from southbound I-75 approaching a lighted intersection with Donaldson Road.  As she approached the intersection, she stopped at the red light to see if the intersection was clear to proceed.  The driver of the delivery truck, who was travelling right behind her in her lane of travel, failed to notice that her vehicle had stopped; therefore, colliding into the rear of her vehicle.  She experienced back and neck pain and anxiety while driving.  Her young daughter was not physically injured but suffered great stress while traveling in the car.  Her stress and anxiety also transferred to boating with her family.  She became a “backseat” driver, being very scared when she would see a wreck or a broken down car.  Settlement – Confidential

 AUTOMOBILE COLLISION – PERSONAL INJURY

Our clients were traveling within the City of Elsmere when they approached a stop sign, came to a complete stop and then approached the intersection.  The driver of a local cab company’s taxi ran a stop sign and collided with the front of our clients’ vehicle.  Both clients were taken to the hospital.  Their vehicle was totaled.  As a result of this accident, our client who was the passenger sustained a significant tear to her rotator cuff.  She underwent medical treatment and physical therapy.   Settlement – Confidential

 

AUTOMOBILE ACCIDENT – PERSONAL INJURY

Our client was stopped with his foot on the brake of his vehicle when he was hit from behind by a full sized pickup truck.  The impact was so severe the force of the impact drove our client’s vehicle over ten feet forward into the rear of another vehicle.  Our client sustained injuries to his neck, upper and lower back as a result of this accident.  The pain in his neck and upper back was resolved with chiropractic treatment however the lower back pain continued to be severe.  Our client sought treatment for his lower back pain with an orthopedic surgeon, physical therapy, anti-inflammatory medications and finally acupuncture.  He was able to obtain some relief as a result of the acupuncture treatment.

Settlement – Confidential

 

SLIP AND FALL- PERSONAL INJURY

15 year old client slips on terrazzo staircase and fractures ankle.  Fault was contested and a jury trial was necessary.  During our firm’s investigation of the fall, it was discovered that terrazzo flooring (common in older buildings) becomes slippery if wax is used on it.  We obtained an expert witness from Chicago that testified to the technical reasons why waxing this surface creates an unreasonably dangerous (slippery) condition.  According to our expert, this type of flooring only requires mopping.  We also obtained recorded witness statements from a former janitor who acknowledged that every summer the floors would be waxed.  The recording was played in front of the jury when the former janitor attempted to recant.  Kenton Circuit Court-Jury Verdict