As appellate litigators, our body of work includes hundreds of state and federal appeals resulting in numerous precedent-setting opinions. We are especially honored to regularly brief and argue cases before the Kentucky Court of Appeals and Kentucky Supreme Court, where our attorneys have been counsel of record for parties and amici curiae (“friends of the court”) in important cases involving victim’s rights, personal injury, wrongful death, insurance, consumer rights, general civil litigation, and criminal law. Recent representative published appellate opinions include:
Morris and University Medical Center v. Boerste, 641 S.W.3d 688 (Ky. App. 2022)
Favorable opinion affirming $9,500,000 compensatory damages verdict. Also affirming, in a medical negligence case, the trial court’s refusal to submit an apportionment or mitigation instruction to the jury based on the condition or ailment that required plaintiff to seek medical attention.
Childers v. Albright, 636 S.W.3d 523 (Ky. 2021)
Favorable reversal. As a matter of first impression, Kentucky appellate courts are without jurisdiction to consider a private-party defendant’s challenge to an interlocutory order based on alleged statutory immunity.
Bramlett v. Ryan, 635 S.W.3d 831 (Ky. 2021)
Favorable reversal. Holding that a property possessor owes a duty of reasonable care to guests invited to participate in an activity on the property, regardless of the status of the guest as a licensee or invitee.
Bratcher v. State Farm Fire & Cas. Co., 642 S.W.3d 724 (Ky. App. 2021)
Favorable reversal. As a matter of first impression, coverage that purports to extend only to the “first named” insured, where both spouses are listed as policyholders, creates ambiguity warranting coverage for both.
Sheets v. Ford Motor Company, 626 S.W.3d 594 (Ky. 2021)
Favorable reversal, adopting argument that Kentucky appellate courts do not have jurisdiction to immediately review a trial court's denial of an assertion of alleged immunity under the Kentucky Workers Compensation Act, overruling Ervin Cable Construction, LLC v. Lay , 461 S.W.3d 422 (Ky. App. 2015).
Smith v. Fletcher, 613 S.W.3d 18 (Ky. 2020)
Favorable reversal on transfer as a matter of great and immediate public importance. As a matter of first impression, the Supreme Court held that hundreds of medical malpractice actions brought under the Medical Review Panel Act (MRPA) were saved by KRS 413.270 and therefore timely filed in circuit court after the MRPA was declared unconstitutional by Commonwealth v. Claycomb, 566 S.W.3d 202 (Ky. 2018).
Russell v. Johnson & Johnson, Inc., 610 S.W.3d 233 (Ky. 2020)
Favorable reversal. Holding that Medical Device Amendments (MDA) to the Federal Food, Drug, and Cosmetic Act did not apply to preempt claims brought by patient and wife following a cardiac ablation procedure which was performed with manufacturer's catheter, a Class III medical device. The Supreme Court clarified that Kentucky's notice-pleading standard applies; that standard differs from the federal standard; and that plaintiffs are entitled to discovery on claims because "[b]efore discovery, plaintiffs simply don't know what they don't know."
Jones by and through Jones v. IC Bus, LLC, 626 S.W.3d 661 (Ky. App. 2020)
Favorable reversal, holding as an issue of impression of that involuntary joinder of minor child as plaintiff was improper, finding that issue of crashworthiness and design defect claims in products liability case were for jury, and finding that error in jury instructions warranted a new trial for plaintiffs.
Turner v. C & R Asphalt, LLC, 579 S.W.3d 194 (Ky. App. 2019)
Favorable reversal. Trial court erred in granting summary judgment to asphalt contractor against individual regarding installation of residential driveway, where individual was acting as agent for property owner and there was no evidence individual benefited from alleged contract.
Barnett v. White, 584 S.W.3d 755 (Ky. App. 2019)
Favorable opinion affirming custody decree making mother primary residential custodian.
Maggard v. Kinney, 576 S.W.3d 559 (Ky. 2019)
Favorable reversal, holding that appellate court had no jurisdiction to immediately review a trial court's denial of an assertion of immunity under the judicial statements privilege.
Gonzalez v. Johnson, 581 S.W.3d 529 (Ky. 2019)
Favorable reversal, overruling Chambers v. Ideal Pure Milk Co., 245 S.W.2d 589 (Ky. 1952), and holding that police officers can be the proximate or legal cause of injuries arising from their negligence in the pursuit of criminal suspects.
E.M. v. House of Boom Ky., LLC (In re Miller), 575 S.W.3d 656 (Ky. 2019)
Favorable reversal, holding that pre-injury liability waivers signed by parents/guardians on behalf of minor children are not enforceable by for-profit businesses.
Gov't Emples. Ins. Co. v. Sanders, 569 S.W.3d 923 (Ky. 2018)
Favorable reversal, holding that insurance company could not refuse to pay insured's medical expenses from car accident based on a paper review of insured's medical records because this had no statutory basis and the expenses were presumed reasonable under Kentucky's Motor Vehicle Reparations Act.
Yung v. Grant Thornton, LLP, 563 S.W.3d 22 (Ky. 2018)
Favorable opinion reinstating full punitive damage award of $80,000,000 and holding that reduction ordered by Court of Appeals was not warranted even though the compensatory damage award of $20,000,000 was also substantial.
Harper v. University of Louisville, 559 S.W.3d 796 (Ky. 2018)
Favorable reversal. Plaintiff submitted ample evidence at trial to support the jury's verdict that University fired plaintiff in retaliation for her whistleblowing activities.
McCann v. Sullivan University System, 528 S.W.3d 331 (Ky. 2017)
Favorable reversal for plaintiffs, holding that Kentucky's wage and hour statute does not prohibit class actions.
Indiana Insurance Co. v. Demetre, 527 S.W.3d 12 (Ky. 2017)
Favorable opinion for plaintiffs affirming $3,425,000 jury verdict in insurance bad faith case; also holding that expert testimony is not required to support emotional distress damages in bad faith suit.
Dixon v. Daymar Colleges Group, LLC, 483 S.W. 3d 332 (Ky. 2015)
Favorable reversal. Forced arbitration clause held unenforceable; student/consumer class action allowed to proceed.
MV Transportation, Inc. v. Allgeier, 433 S.W.3d 324 (Ky. 2014)
An issue of first impression, a stipulation of vicarious liability does not warrant dismissal of plaintiff’s direct negligence claims. Favorably affirming $4,100,000 compensatory damages verdict.
Nichols v. Zurich American Insurance Co., 423 S.W.3d 698 (Ky. 2014)
Favorable reversal. An issue of first impression, alleged mutual mistake does invalidate personal injury plaintiff’s underinsured motorist coverage.
Mattingly v. Mitchell, 425 S.W.3d 85 (Ky. App. 2013)
Favorable opinion for plaintiffs in wrongful death case; police have no state–law immunity for negligent/reckless police chases.
Shelton v. Kentucky Easter Seals Society, Inc., 413 S.W.3d 901 (Ky. 2013)
Favorable reversal. Departing from decades of case law, the “open and obvious” doctrine is not an absolute defense in property defect cases.
Dick’s Sporting Goods, Inc. v. Webb, 413 S.W.3d 891 (Ky. 2013)
Favorable opinion affirming and applying new premises liability standard. Premises liability claims must be decided by a jury rather than a judge.
Savage v. Three Rivers Medical Center, 390 S.W.3d 104 (Ky. 2012)
Favorable reversal. Reinstating $2,500,000 jury verdict in favor personal injury plaintiff after Court of Appeals set aside verdict.
Wright v. House of Imports, Inc., 381 S.W.3d 209 (Ky. 2012)
Favorable reversal. Reinstating $120,863.67 jury verdict for personal injury plaintiff after Court of Appeals set aside verdict.
Ping v. Beverly Enterprises, Inc., 376 S.W.3d 581 (Ky. 2012)
Favorable reversal. An issue of first impression, wrongful death claims/beneficiaries are not subject to forced arbitration clauses.
In addition to our work at the trial court level and on appeal, we often help individuals and businesses understand what to expect—and avoid—at the start of their legal journey. Our attorneys have seen the legal process from start to finish, and from many different perspectives. We have extensive experience in areas where individuals need credible guidance: personal injury, wrongful death, negligence, insurance claims and coverage. Our attorneys are available for initial consultation, and, if appropriate, we can recommend trial or litigation counsel experienced in specific subject areas.
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