2002 Trial Results

7 Defense Verdicts

November 7, 2002

David Strite and Mark Hammond were successful in defending an Elizabethtown, KY automobile dealership accused of negligence pursuant to the slip and fall injuries suffered by Plaintiff in the car dealership's parking lot. The proof set forth by the Plaintiff did not establish that the Defendant or any of its employees undertook to clear the parking lot in which the Plaintiff slipped and fell of snow.  Thus, the dealership owed no duty to remove or warn the Plaintiff of the snow and ice that caused her fall. Natural outdoor hazards which are as obvious to an invitee as to the owner of a business premises, do not constitute unreasonable risks to the invitee which a landowner has a duty to remove or warn against. Strite and Hammond successfully argued that the Defendant was entitled to a directed verdict over Plaintiff's strenuous objection. The decision was appealed to the Kentucky Court of Appeals and the trial court's decision was sustained.

October 18, 2002

A week-old infant was presented to a Louisville neonatology specialist, where he was diagnosed with a systolic heart murmur, and referred to a pediatric cardiologist the following week.  Just a few days later, however, the child died of multiple heart defects.  The infant’s estate alleged negligence by the physician in not taking appropriate action for the heart murmur.  Donald Brown successfully defended the doctor, arguing that (1) regardless of the care received, the heart defect was likely fatal and (2) the standard of care was properly maintained because the physician referred the infant to the pediatric cardiologist even when the infant had no signs of serious defects.  The Jefferson County jury returned a defense verdict for the doctor.

October 2, 2002

Mark Hammond was successful in defending a Louisville area car dealership accused of defectively repairing an automobile. Plaintiff claimed compensatory damages at trial of over $19,000 pursuant to his inability to utilize the vehicle and also sought an additional $100,000 based upon an alleged violation of the Kentucky Consumer Protection Act. Plaintiff’s expert alleged that Plaintiff’s motor vehicle had defects in the driver’s side rocker panel, sunroof, and in a plastic panel near the windshield. Hammond defended by calling as a witness an independent appraiser who praised the repair work at issue.  Plaintiff’s expert was also forced to admit on cross-examination that he was unable to criticize the repair work performed by the Defendant as he has no knowledge of the damage caused in Plaintiff’s motor vehicle accident or the repairs performed by the Defendant.  After Hammond agreed to a jury inspection of the car at issue, the jury was left unimpressed with Plaintiff's claims. A unanimous defense verdict was returned in approximately ten minutes.

July 16, 2002

Gerald Toner successfully defended a Louisville orthopedist from charges of medical negligence.  The doctor prescribed the anti-inflammatory drug Duract for a patient’s back pain.  A month later, the patient collapsed, and testing indicated that the woman had suffered a hepatic event.  Further testing revealed no serious liver damage, but the Plaintiff still asked for $170,000 in pain and suffering, alleging the Duract had been improperly prescribed.  The defense argued that the Duract was properly prescribed, and that even if it was improperly prescribed, the hepatic  was in no way related to the Duract.  The Jefferson County jury returned a verdict granting the Plaintiff no damages.

July 10, 2002

A Fayette County jury found in favor of two Lexington surgeons who allegedly mismanaged a patient, allowing bowel necrosis to develop.  The first surgeon observed the patient for six days before an MRI revealed a necrotizing bowel injury affecting the jejunum.  Surgery ensued, and the patient lost a significant portion of his bowel.  Two months later, the patient returned with an open hernia wound.  The second physician told the man to return the next day.  Then, a second surgery was performed, this time with even more complications.  The Plaintiff alleged that the first surgeon should have diagnosed the condition sooner while the second should have operated immediately instead of waiting a day.  In defense, Clay Edwards argued on behalf of both the physicians, pointing out that such a condition rarely affects the jejunum.  The Plaintiff got none of the $1,038,800 requested. 

June 5, 2002

A thoroughbred walker reported to a Louisville orthopedist after injuring his shoulder when a horse reared up.  The doctor cleared the man to carefully resume work, but two weeks later the man reinjured the same shoulder, having to undergo two surgeries.  The man now suffers limitations with the shoulder.  The Plaintiff sought over $350,000 dollars in damages, blaming the reinjury on the doctor’s hasty medical clearance.  The defense, represented by Donald Brown, posited that the man’s injury was unrelated to the first injury, and that the orthopedist’s advice to take it easy was within the orthopedist standard of care.  The Jefferson County jury concurred.

May 15, 2002

A pregnant woman from Ashland, Kentucky, noticing decreased fetal movement, called her Ob-Gyn, who immediately referred her to the ER.  Contraction stress tests were performed, which were well within the normal limits.  The woman was released the next day.  Just two days later, however, upon reporting to the Ob-Gyn after again noticing decreased fetal movement, the baby was stillborn.  The Plaintiff alleged that if the Ob-Gyn had repeated the ER’s tests and performed a biophysical profile, an abnormality would have been identified, and the baby could have been promptly and safely delivered.  Gerald Toner represented the doctor and argued that the doctor exceeded the standard of care in ordering the woman stay overnight at the ER.  Furthermore, the infant’s death was caused by an underlying circulatory problem, a defect that could not be detected via fetal monitoring techniques.  Upon hearing this testimony, the Boyd County jury exonerated the physician, giving the Plaintiff none of the asked-for $2,904,500.