Settlements & Verdicts

Settlements & Verdicts

Criminal/DUI

Verdict: Not Guilty

Facts: Client, age 33 and a member of the National Guard, was found Not Guilty by a Calloway County jury. The police officer admitted that he was following Client because his vehicle was the last to leave a local bar. He alleged a series of minor traffic violations as justification for his stop. He smelled alcohol (the passengers in the vehicle were all intoxicated), and claimed Client had “slurred speech” and was “unsteady on his feet.” Thankfully there was video which showed that none of that was true. He was arrested for DUI anyway. The jury deliberated just under an hour before returning its Not Guilty verdict.

Criminal/DUI

Verdict: DUI Charge Dismissed/Amended

Facts: Client accused of DUI in McCracken County after visiting his girlfriend who was in the hospital. The arresting officer alleged that he was under the influenced based upon his observations and client’s performance on “field sobriety tests.” After reviewing the in-car and body cam videos as well as having those videos analyzed by an expert in DUI investigation (he’s a former police officer), it was clear that the arresting officer had embellished his report as to client’s impairment. In other words, it was clear that he was not impaired at all. The prosecutor ultimately agreed and reduced that charges and dismissed the DUI.

Custody

Facts: Client was able to gain custody of her granddaughter after the child’s father was killed. We were able to prove that the mother of the child was unfit to have custody. This case went all the way to the Ky. Supreme Court which ruled in our client’s favor.

Custody

Facts: Client (the child’s father) was able to gain custody of his son from the child’s mother and maternal grandparents. This case went all the way to the Ky. Court of Appeals which ruled for our client.

Workers’ Compensation/Personal Injury

Settlement: $106,000.00 plus future medical care

Facts: While on the job for his employer, Client was injured in a motor vehicle collision due to the carelessness of the other driver. He suffered a shoulder injury which ultimately required surgery. He received workers’ compensation wage benefits while he recovered and then approximately $13,000.00 in permanent benefits. In addition, his future medical care for his shoulder injury will be paid for by his employer’s carrier. He also collected the $50,000.00 auto liability policy limit from the at-fault driver as well as an additional $43,000.00 in underinsured motorists’ benefits from his own auto insurance carriers.

Criminal/DUI

Verdict: Not Guilty

Facts: Upon stopping our client for allegedly swerving on I-24, a Lyon County Sheriff’s deputy requested that she submit to Field Sobriety Testing which, predictably, the deputy claims she failed. His testimony at trial, however, was rambling and vague and fell apart under cross examination. The jury deliberated for approximately 10 minutes and found our client NOT GUILTY.

Auto Accident

Settlement: $625,000.00

Facts: Client, age 88, suffered a severe ankle fracture when the truck he was driving was struck head on by another vehicle. Client initially recovered the liability policy limit of $25,000.00. He next recovered $100,000.00 in underinsured motorists' (UIM) benefits from his own insurance company, The Hartford. Fortunately, he also had a secondary automobile policy with Liberty Mutual which provided underinsured (UIM) coverage from which he collected $500,000.00.

Criminal/DUI

Verdict: Not Guilty

Facts: Client was found not guilty of DUI, 3rd offense by a Lyon Co. jury. The arresting officers were effectively cross-examined regarding the field sobriety tests and video evidence contradicted officer testimony that the client was under the influence of alcohol. The jury deliberated approximately 20 minutes before returning its verdict.

Auto Accident/Death

Settlement: $365,000.00

Facts: Client’s husband was tragically killed when another vehicle crossed the centerline and struck him head-on. This was the rare case where the at fault party had recoverable assets above and beyond his auto insurance policy limit. Our client recovered the $100,000.00 liability policy limit, $15,000.00 from her own underinsured motorist policy (UIM) and $250,000.00 from the at fault driver’s estate (he was also killed).

Slip & Fall/Premises Liability

Settlement: $210,000.00

Facts: Client suffered a severe elbow fracture when she slipped in a puddle of water in a grocery store. The store had neglected to fix a leak which allowed water to accumulate on the floor. No warning signs for the wet floor were posted.

Auto Accident

Settlement: $115,000.00

Facts: Client suffered severe injuries including a badly broken leg when the vehicle in which she was riding ran off the roadway. Another passenger was also badly hurt and another killed. Most of our client’s recovery ($100,000.00) came from her own UIM policy.

Trucking Accident

Settlement: Confidential

Facts: Client suffered severe injuries when he struck 2 tractor-trailers illegally parked on the shoulder of an I-24 “on ramp.”

Auto Accident/Workers’ Compensation

Settlement: $336,970.00

Facts: Client was driving a log truck for his employer when another car collided with him. He suffered a number of severe injuries including a head injury. He recovered the liability policy limit of $100,000.00, the UIM policy limit of $60,000.00 and the sum of $176,000.00 in future income benefits from the workers’ compensation carrier. He also received future medical benefits.

Motorcycle Accident

Settlement: $100,000.00 ($25,000.00 liability limit plus the UIM limit of $75,000.00)

Facts: Client was a passenger on a motorcycle which lost control around a curve. She suffered a badly broken leg and a fracture to her low back.

Restaurant Negligence

Settlement: $30,000.00

Facts: Client suffered a severe allergic reaction to mushrooms on a sandwich from Domino’s Pizza. Domino’s knew of her allergy, yet put mushrooms on her sandwich anyway.

Workers’ Compensation

Settlement: $225,000.00

Facts: Client injured his low back while performing his job as a maintenance supervisor for an apartment complex. The back injury was so severe that it eventually required surgery. He settled the case for a full buyout of all his claims/

Auto Accident/Workers’ Compensation

Settlement: $25,000 liability policy limit, $10,000.00 UIM and workers’ compensation income benefits of $101,241.62

Facts: client was injured in a car crash on his way home from work. However, because he was on call for his employer after hours, we were able to persuade the workers’ compensation Judge that he was entitled to workers’ compensation benefits. *Normally a person is not entitled to workers’ compensation when he/she is injured either “going” to or “coming” from work. This case went to the Ky. Court of Appeals which rendered a decision in our client’s favor.

Personal Injury/Assault

Settlement: $20,000.00

Facts: Client was assaulted by a professional wrestler and suffered a broken jaw.

Workers’ Compensation

Settlement: $77,000.00

Facts: Client suffered a severe heel fracture when he fell from a ladder.

Workers’ Compensation

Settlement: $55,000.00

Facts: Client injured her low back attempting to lift a dryer and underwent surgery.

Criminal/DUI

Verdict: Not Guilty

Facts: This case was tried before a jury in Lyon Co., KY. Although our client was over the legal limit of .08, the jury found him not guilty as the prosecution was unable to prove that he was over the limit at the time he last drove the vehicle.

Criminal/DUI

Verdict: Not Guilty

Facts: A jury in Marshall Co., KY found client not guilty of DUI even though her blood alcohol level measured over 3 times the legal limit (.26). There was simply insufficient evidence that she had consumed enough alcohol for the test to be that high. She had been at work most of the day.

Criminal/DUI

Verdict: Case dismissed by the Court

Facts: Client was arrested for DUI and blew over the legal limit. However, we were able to show that the Ky. State Police did not follow proper breath testing regulations in that they did not have our client under continuous observation for at least 20 minutes at the testing site.

Criminal/DUI

Verdict: Not Guilty

Facts: Client was arrested on suspicion of DUI. Cocaine and marijuana metabolites were found in her urine. However, there was insufficient evidence that she was actually “under the influence” of these substances and a Caldwell Co., KY jury found her not guilty.

Criminal/Assault

Verdict: Not Guilty

Facts: Client was charged with assault of his (now ex) girlfriend. A Caldwell Co. jury found him not guilty.

Criminal/Burglary

Verdict: Not Guilty

Facts: Client was charged with felony burglary (of a residence). A Caldwell Co. jury found her not guilty.

Auto Accident/Wrongful Death

Facts: A sixteen year old passenger was tragically killed when the driver ran off the road and hit a tree. The primary liability coverage was $50,000.00 which was collected. We were then able to identify a secondary liability policy in the amount of $25,000.00 which also provided coverage. Finally, the young man was covered by an underinsured motorists’ policy issued to his mother in the amount of $25,000.00. We also successfully disqualified his father from receiving any of the proceeds of the settlement due to the father’s abandonment and failure to support the child as provided for by “Mandy Jo’s Law.”

Personal Injury/Workers’ Compensation

Settlement: $347,268.75 plus future medical care

Facts: Our client, age 62, was injured on the job when the truck he was driving collided with an intoxicated driver. He suffered a severe leg injury as well as a herniated disc in his back. The client made claims for workers’ compensation benefits as well as a claim against the at-fault driver and his employer. He recovered a total of $102,268.75 in workers’ compensation benefits consisting of payment of medical expenses as well as both temporary and permanent income benefits based upon his disability resulting from the crash. Additionally, his future medical care will be covered under workers’ compensation. Client then received the sum of $245,000.00 from the at-fault driver’s automobile liability insurance. This has allowed our client some measure of future financial security as he was forced to retire early due to his injuries.

Criminal/DUI, 3rd Offense

Verdict: Voluntary Dismissal

Facts: Our client was charged with DUI, 3rd in Lyon Co. when he was stopped by the Ky. State Police for a seat-belt violation. Client admitted to the officer that he had previously taken his prescribed Lortab that day. The prescription was for a leg injury suffered in a 4-wheeler accident just days before. Nevertheless, the officer had client perform several “field sobriety tests’ and claimed that he performed poorly. However, we were able to show through the deposition testimony of doctor that the painful leg injury as well as his being very overweight explained his poor performance on these “field tests.” The Commonwealth eventually realized the weakness of its case and agreed to dismissal of the DUI just a few days before the scheduled trial. We had maintained our client’s innocence throughout and were prepared to try this case to a jury.

DIVORCE/CUSTODY

Our divorce client, the father of 3 young children, was awarded the sole custody of the children after the Court conducted a bench trial hearing extensive evidence as to why father was best suited to primarily raise the children subject to the mother’s limited visitation rights. Considering that there now exists a presumption of joint custody and equal parenting-time, this is a rarity in Kentucky. Mother was also ordered to pay over $1,100.00 per month in child support.  

Family Law

DIVORCE/CUSTODY: Our divorce client, the father of 3 young children, was awarded the sole custody of the children after the Court conducted a bench trial hearing extensive evidence as to why father was best suited to primarily raise the children subject to the mother’s limited visitation rights. Considering that there now exists a presumption of joint custody and equal parenting-time, this is a rarity in Kentucky. Mother was also ordered to pay over $1,100.00 per month in child support. 
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