Berea, KY Lawyer

Summary of Interesting Cases

Company Negligence Results in Severe Burn Injuries

Garrard County, KY AttorneyLargest Jury Verdict in Garrard County, KY. Our client had entered into an agreement to allow a limited liability partnership company to attempt to activate old oil wells on his property that had played out. The company was going to pump acid, under pressure, into wells in an effort to cause remaining thick oil to become liquid enough to pump. Our client was observing the activities one day when a PVC pipe ruptured spraying acid over most of his body. He was taken to the Brooke Army Burn Center in San Diego, Texas for treatment. He experienced months of extreme pain and well as scarring over most of his body.

The case was referred to our firm by his regular attorney and we filed suit against the company, the limited partners and the Japanese firm that manufactured the PVC piping. Our claim against the limited partners was predicated on the fact that the limited partnership, which was not formed in Kentucky, had not complied with the requirements for a foreign partnership to do business in Kentucky. Many of those limited partners settled individually with our client. The Japanese company, after sending one of their engineers to Kentucky for his deposition, also settled prior to a trail. In the trial against the partnership company a Garrard County, Kentucky, jury returned a verdict in the amount of $712,460 which was, and it is believed remains, the largest jury verdict recorded in Garrard County. The verdict, combined with the amounts previously settled for, totaled well over 1.5 million dollars.

Negligent Banking Practices

bankOur client took a letter-of-credit from a bank to insure the payment of a $500,000 note given by a third party as payment for property purchased from our client. The note was due on July 31st. The letter-of-credit was payable in the event of a default on the note, but the letter-of-credit expired on July 31st. The problem with this situation is that, technically, the note could not be in default until after July 31st, at which point the letter-of-credit would have expired. In other words, the letter-of-credit, as drafted, was worthless.

The bank refused to pay on the letter-of-credit, when the third party defaulted, because demand for payment was not made until after it had expired. We filed suit against the bank alleging, among other things, negligent or fraudulent misrepresentation based upon the fact that bank employees had assured our client that the letter-of-credit guaranteed he would get his money.

We were able to recover for our client, the full amount of the letter-of-credit as well as accrued interest.

Zoning Commission Decision Overturned

Madison County, KY LawyerA local land owner retained our firm to present his application for a zone change for his property from agricultural to business in order for it to be used as a location for a Kroger Store. Several surrounding property owners objected to the zone change request and the Zoning Commission denied his application. Our client promptly proceeded to fertilize his agricultural property with pig manure. For those of you not familiar with pig manure suffice it to say that it has an extremely unpleasant, and widely dispersed, odor. The surrounding property owners went nuts. The mayor called our offices to see if we could persuade our client to stop his fertilizing program. I informed the Mayor that since the city Zoning Commission decided that our clients property should remain agricultural, that was the way he would treat it. We appealed the Zoning Commission decision and the circuit court ordered that the requested zone change be granted much to the relieve of the formerly objecting property owners.

Speeding Truck on I-75 Kills Husband

I-75 Kentucky Trucking AccidentOur client’s husband was killed when his vehicle was rear-ended by a tractor-trailer on I-75. Her husband was stopped behind other traffic stopped because of a motor vehicle accident ahead. The truck driver had over a thousand feet of unobstructed vision of the stopped traffic. A reconstruction expert we hired determined that the truck had been exceeding 90 mph on the 65 mph speed limited highway. The trucking company decided to settle the claim for nearly two million dollars.

Thorough Investigation Brings Jury Verdict in Slip & Fall Claim

KY Slip & Fall LawyerOur client was traveling with her family on I-75 on the way to their home in Florida. They stopped at a local motel and the next morning went to an adjoining restaurant for breakfast. Our client, while carrying her grandchild, tripped over a large flower pot which, she claimed, was located in the sidewalk. Her vision was obstructed by the child in her arms. Our client turned her body on the way down, to protect her grandchild, and struck her head causing a severe concussion as well a a shoulder injury. At trial the restaurant’s attorney introduced a staged picture of where they maintained the flower pot was located, off the sidewalk, at the time of the accident. The only problem was that the staged picture showed a different location for the pot off the sidewalk than did a previously provided staged picture. After we presented the first picture, set next to the last picture, the jury accepted our client’s testimony and awarded her $55,000 in damages.

Builder Provides Faulty Construction

Kentucky Construction Failure LawsuitsOur client, a dentist, hired a contractor to construct a new home. The contractor provided several names for people he had built homes for who all gave him a good recommendation. It was discovered later that the houses he had built for those people were significantly smaller than the one he agreed to build for the dentist. After several months it became obvious the builder was in over his head on this project and the dentist fired him. The builder sued for payments claimed due, plus lost profit, and we filed an answer denying his claim and filing a counterclaim for the expense of correcting the faulty work he had completed. After a bench trial, the builder’s claims were denied and our client was awarded a judgment in excess of $50,000.00.

National Bank Forced to Change Poor Banking Practices

Kentucky Banking Fraud AttorneyOur client, a restaurant operator, entered into an oral agreement with his landlord to share the costs of making improvements to the property he was leasing. After expending a significant sum, he approached his landlord for her share and she denied the oral agreement to share the cost of the improvements. My client was left in the position of a person having a bear by the tail. He couldn’t turn loose. The project had to be completed or the money he had already spent would go to waste, plus the portion being renovated was unusable in its partially completed condition.

In completing the project our client frequently overdrew his bank account incurring significant overdraft fees. How significant he didn’t realize until he considered it later and determined that he had been charged in excess of $30,000 in fees. It was then discovered the bank, which was a large, nationwide bank, was posting our client’s checks from high to low rather than low to high. This procedure maximized the amount of fees the bank could charge. For example, if a customer had $100.00 in his account and wrote nine $10.00 checks and one in the amount of $110.00, the bank would post the $110.00 check first allowing it to access ten overdraft fees. However, if the bank posted the nine $10.00 checks first and then the $110.00 check, the bank could only charge one overdraft fee.

We filed suit over this practice and after a protracted litigation, the bank decided to settle our client’s claim for a significant sum. A few weeks later the bank stopped this procedure for all of its banks nationwide. We can’t prove it but we believe that our lawsuit precipitated the nationwide change in the bank’s check posting procedures.

$2 Million Recovered in Motorcycle Accident Lawsuit

Lexington / Madison County Motorcycle Accident LawyerOur client was operation a motorcycle on a two lane highway. A large truck turned directly in front of our client causing him significant injuries including the loss of his leg. Before filing suit, we agreed with the insurance company insuring the truck owner, to enter into mediation. We were able to mediate a settlement for our client in excess of $2,000,000.00.

Business Owners Dispute Resolved Favorably

KY Business LawyerOur client was a nationally recognized internet marketing expert for law firms. She, along with the founder, were the only shareholders in one of the leading companies which specialized in law firm internet marketing. The company was located in another state. According to an agreement that the founder had prepared when he transferred to our client her share, both were to be members of the company’s board of directors and any decisions by the board would require unanimous consent.

Their relationship deteriorated to the point that the founder wanted to force our client out of the corporation. He filed suit in Kentucky, where she lived, seeking to force her to sell at a price very favorable to him. We answered on behalf of our client arguing that since any activity by the corporation required unanimous consent of the board of directors, and since our client was one of the board members and obviously hadn’t consented that the suit could be filed, then he didn’t have authority to file the lawsuit.

The court agreed that there was a legitimate question about the plaintiff’s standing to bring the lawsuit and continued the hearing directing the parties to mediate the issue. As a result of our being able to stop the lawsuit from proceeding, our client was able to negotiate a favorable settlement through mediation for her interest in the company.

Serving Kentuckians Since 1939.
Madison County, Kentucky Lawyer
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