Kentucky Law Review

COURTS: Jefferson Circuit Court Judge denies request to hold church leaders in contempt

From Jefferson Circuit Court - story in Courier Journal.  Click on heading for entire story.

Judge urges church cooperation
Contempt order against leaders denied

By Peter Smith • psmith@courier-journal.com • December 19, 2008

A Jefferson Circuit Court judge today declined a request to hold leaders of First Baptist Church in Jeffersontown in contempt of her order that they divulge church financial information to members, urging the parties to work out their differences.
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"Considering the ongoing relationship among the people who are part of this lawsuit, it is important for the court to be judicious in its use of contempt powers," Senior Judge Ann O'Malley Shake said today.

Her statement came in the latest hearing in a lawsuit first filed in February 2006 and amended several times. Twenty-nine members are suing the Rev. Kevin Nelson and three lay leaders, saying they have violated the church constitution by refusing to share financial information or hold regularly scheduled church business meetings.

CIVIL SUITS: Investor sues failed Suzanne Somers' meal-prep business IN FAYETTE Circuit Court

Herald Leader story:

Investor sues failed Suzanne Somers' meal-prep business
By Scott Sloan - ssloan@herald-leader.com

A Louisville investor in Suzanne Somers' failed do-it-yourself meal prep business has sued the actress and the company's leader, John Y. Brown Jr., seeking to recover $400,000.

John Shannon Bouchillon filed the suit in Fayette Circuit Court earlier this month, alleging the two led him to think there was a deal in place for the future of Suzanne's Kitchen.

COURT CASES: "Atheist group sues state Homeland Security department "

From Bluegrass Politics:

Atheist group sues state Homeland Security department

By John Stamper on State Government

An atheists-rights group is suing the Kentucky Office of Homeland Security because state law requires the agency to stress “dependence on Almighty God as being vital to the security of the Commonwealth.” American Atheists of Parsippany, N.J., and 10 non-religious Kentuckians are the plaintiffs in the lawsuit, set to be filed Tuesday in Franklin Circuit Court.

TRIALS: Judge Tom McDonald Awards Attorneys Fees of $2.4 million

Here is a link to the order and the article on Judge Tom McDonald's order in Ogburn v. McDonald's (Strip Search Hoax) which awarded the $2.4 million in attorneys fees among the various lawyers for the plaintiffs.  We have a link to the actual order and to the article by Andrew Wolfson in the Courier Journal. 

Although McDonald's attorneys objected and claimed the cumulative fees for the plaintiffs of $2.4 million was too high and that the $6.1 million verdict was only a "limited success" since the jury was asked to award $100 million, it is worthy of note that McDonalds paid its defense lawyers - $3.6 million and did not prevail!

• Ogborn_v_McDonalds_Order.pdf
  
  Extracts from the order:
  
  Further, the Court believes that there was true success in this action, not "limited success." The Court finds that Plaintiff enjoyed incredible success in this action, whether one looks at the whole case or just the compensatory award.  First there is the complete success measured by the fact that this jury was willing to place the blame squarely at McDonald's corporate feet. Prior settlements and verdicts would indicate that a million dollar-plus verdict for a non-physical injury civil rights claim Is an outstanding success. The previous high verdict in Bullitt County was one-fifth this compensatory award. The jury awarded Plaintiff every penny of her specials and over a million dollars in compensatory damages. It is clear that Plaintiff's counsel invested (in the words of Mr. Tachau) a "massive effort" in this case, but the Court would expect no less than the good lawyering to which Plaintiff was entitled.
  
  It is true that Plaintiffs counsel argued for a $100 Million compensatory award, and who can say that without that large an amount the jury may not have ended up where it did. Plaintiff's witnesses established that this case was a true success, and that advocates often consider a trial a significant victory depending on the venue and the facts even when the verdict or settlement is far less than "what they sued for." The Court also notes that parties and counsel frequently define "success" by comparison to settlement opportunities. McDonald's objected to Plaintiffs efforts to prove whether there were any viable settlement opportunities and presumably McDonald's would have been willing to prove this point had it indicated that the verdict grossly missed the mark.
  
  But in preparing a case, one never knows the jury ahead of time. A reasonable and dedicated advocate does what is necessary and reasonable to prepare the case to get the best possible results, even though that might have required a different jury, Additionally, there is no doubt that Plaintiffs counsel were forced to divide their attention at critical stages of the case due to the late delivery by McDonald's of discovery that had been sought, literally, for years, Hindsight might say that less should have been spent in terms of time or case expense, but at the time the proper decisions were made.
• Courier Journal Article in Courier Journal by Andrew Wolfson
  
  Judge orders McDonald's to pay attorney fees of $2.4 million in Ogborn case
  McDonald's to pay Ogborn $2.4 million
  
  A judge has ordered McDonald's Corp. to pay $2.4 million in attorney fees and costs to Louise Ogborn, the Bullitt County woman who last year won a $6.1 million verdict in her strip-search hoax lawsuit against the company.
  
  Citing Ogborn's lawyers' "incredible success," Senior Judge Tom McDonald approved fees of $934,325 for the lead trial lawyer, Ann Oldfather, and $311,250 to Kirsten Daniel, her co-counsel, as well as $25,000 in sanctions against McDonald's for misconduct in the litigation.
  
  * * *
  
  Margaret Keane, a partner at Greenebaum Doll & McDonald, which defended the restaurant company, declined to comment, and a spokesman for McDonald's didn't respond to a request for comment.
  
  The fees were awarded to Ogborn on top of the October 2007 verdict, under a provision of the Kentucky Civil Rights Act designed to promote vigorous advocacy for plaintiffs.
  
  She now can use that money to satisfy all or some of what she owes to her lawyers under their employment contracts. Specifics about those contracts have not been made public.
  
  McDonald's had vigorously protested the fee request, saying Ogborn's lawyers couldn't have possibly worked the hours they claimed.
  
  But Judge McDonald, who oversaw the trial in Bullitt Circuit Court, said that if the plaintiff's lawyers worked long hours, it was because the company forced them to, by fiercely contesting every motion and delving so deeply into Ogborn's private life.
  
  "McDonald's should not be heard to complain now that the plaintiff's counsel worked too hard, when, to a large degree, those decisions were driven by McDonald's," the judge said.
  
  Oldfather has said that McDonald's disclosed that it spent about $3.6 million on fees defending itself.
  
  * * *
  
  After a four-week trial, a Bullitt Circuit Court jury returned a verdict that included $5 million in punitive damages. McDonald's has appealed, and the case is pending at the Kentucky Court of Appeals.
  
  Keane argued for the company that Ogborn's lawyers achieved only limited success at trial because they had asked the jury for $100 million in damages.
  
  But Judge McDonald said "the jury placed the blame squarely at McDonald's corporate feet," and that the $1 million awarded to Ogborn in compensatory damages was five times higher than a Bullitt County jury had ever returned in a similar case.
  
  The judge also said that if Oldfather hadn't asked for $100 million, "who can say that without that large an amount the jury may not have ended up where it did?"
  
  The court's order included $212,000 to two lawyers who formerly worked with Oldfather -- Lea Player and Doug Morris -- and $173,000 to Bill Boone and Steve Yater, two lawyers who originally filed the suit but were later fired by Ogborn.
  
  McDonald also ordered the fast-food company to reimburse Ogborn's lawyers for $495,000 in expenses.

JEFFERSON COUNTY: "State Sen. Julie Denton is sued by her son over trust fund"

From Andrew Wolfson, Courier Journal, comes a story about a lawsuit filed locally.  Click on the heading for the entire story:

State Sen. Julie Denton is sued by her son over trust fund

By Andrew Wolfson • awolfson@courier-journal.com • November 11, 2008

State Sen. Julie Denton has been sued by one of her own children, who alleges that she took money from his trust account and spent it on herself.

In a lawsuit filed Monday in Jefferson Circuit Court, Thomas G. Rose Jr., 20, alleges that his mother took $15,000 from the account and converted it “to her own use and enjoyment.”

Denton, a 48-year-old Republican who has worked as a dental hygienist and lives in Anchorage, did not respond to phone calls. B. Mark Mulloy, a lawyer who has represented her in the past, said she hadn’t been served with the suit and couldn’t immediately comment on it.

In his suit, Rose, who lives in Lexington and has been a student at University of Kentucky, asks for compensatory as well as punitive damages, saying his mother’s “wrongful acts” were committed with “malice and oppression.”

The suit said the trust was established by his father, Thomas G. Rose, in 1997. Rose’s lawyer, John Helmers said Denton became the trustee after she and her husband divorced.

LAWSUITS FILED: Estate of patient who died in accident while being transported by EMS suit EMS driver and others

From Courier Journal is story on suit filed in Jefferson Circuit Court for fatality.  You can click on heading for the entire story on line.

Estate of patient who died in crash sues city, EMS driver
Partner described worker as 'loopy'

By Jason Riley • jriley@courier-journal.com • October 21, 2008

The estate of a woman who was fatally injured in a wreck while being taken to a hospital by EMS in April has filed a wrongful-death lawsuit against Louisville Metro government and the ambulance driver.
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The lawsuit, filed by Maggie Whobrey on behalf of Vickie Whobrey, claims that Tammy Brewer was under the influence of a narcotic or some other substance and should not have been driving.

The suit, filed in Jefferson Circuit Court, also claims that other EMS employees -- also named in the suit -- knew Brewer was impaired but did nothing to stop her from driving.

The suit was assigned to Jefferson Circuit Court, Division 11, Judge Fred Cowan, CASE NUMBER: 08-CI-011083.  The attorney representing the estate is Joseph Rousselle.

SUITS: "Judge denies PVAs' motion"

Judge denies PVAs' motion from Herald Leader

A Franklin circuit judge denied a motion Wednesday by property value administrators to hold the Executive Branch Ethics Commission in contempt for initiating an investigation into nepotism practices of 11 PVAs. CLICK ON HEADING FOR ENTIRE POST AT HERALD LEADER

CIVIL CASES: "Judge: No expedited trial in Kentucky Kingdom suit"

Judge Willett denied plaintiff's request for an expedited trial date in the suit against Six Flag Kentucky Kingdom.  The motion of Kentucky Kingdom to bring in the maker of the ride remains pending.

Judge: No expedited trial in Kentucky Kingdom suit from Courier Journal by Jason Riley
A Jefferson Circuit Court judge has denied a request to expedite the civil trial for the parents of a Louisville teen whose feet were severed by a Six Flags Kentucky Kingdom amusement ride.

Judge Barry Willett cited the "complexity" of the case as well as the massive amount of evidence in keeping the jury trial set for January 2010, on the lawsuit filed by the parents of Kaitlyn Lasitter against the park.

Larry Franklin, the Lasitters' attorney, had asked to move the trial up, saying that by 2010, some 30 months will have passed since a cable snapped on the Superman Tower of Power ride June 21, 2007, and severed Kaitlyn's feet.

CIVIL CASES: "Park sues ride maker over injury accident"

Park sues ride maker over injury accident FROM Kentucky.com

The owner of a Louisville amusement park where a ride malfunction severed a teenage girl's feet has filed suit against the manufacturer of the thrill ride.

The Courier-Journal reported Six Flags Kentucky Kingdom claims the manufacturer should be held responsible for Kaitlin Lassiter's injuries.

On June 21, 2007, the Louisville teen was among those riding the Superman Tower of Power when a cable snapped. The resulting accident severed both of the teen's feet.

Doctors were able to reattach Kaitlin's right foot, but not her left one.

The girl's family has sued the park, claiming owners failed to maintain the ride and equipment and ensure riders' safety. Kentucky Kingdom has denied liability.

Note:  Updated.   If this were not a minor, then those of us who practice insurance and personal injury law know what could have played out here in these pleadings - no claim was made at the time against the manufacturer of a product that the park now claims to be defective, but the park is seeking indemnity from the manufacture as a defense to the claim and to apportion fault against the manufacturer as a defense with the possible expectation that the statute of limitations for the claimant to go after the manufacturer has expired.  However, the statute of limitations is tolled during minority for the child (but not for parental consortuim and loss of services claims).  In addition, "equitable estoppel" and the "discovery" rule were applied recently against a manufacturer in a product liability case to toll the statute of limitations which may very well frustrate this type of move. See, Equitable estoppel and "discovery" rules applied to toll statute of limitations against manufacturer until announced product's defect and recall notice: LEMASTER v. FLUKE CORPORATION (COA 6/27/2008) .

CIVIL CASES: "ACLU seeks $400,000 for Ten Commandments cases"

From Herald leader, Kentucky.com:

ACLU seeks $400,000 for Ten Commandments cases

A long legal fight over courthouse displays of the Ten Commandments could cost two Southern Kentucky counties nearly $400,000.

In a motion filed this week, attorneys with the American Civil Liberties Union of Kentucky requested fees of $390,588 for representing people who challenged the displays in the halls of the Pulaski and McCreary County courthouses, plus $8,133 in expenses.

The request comes after the ACLU won its request for an injunction barring the displays. Congress approved rules decades ago under which the losers in civil-rights cases must pay the legal fees of the winners.

The goal was to make it possible for citizens and attorneys to pursue potentially expensive lawsuits to defend civil rights and uphold constitutional principles when government doesn't do the right thing, said David A. Friedman, the lead attorney for the ACLU on the case.