Monday, March 17, 2008

JEFFERSON VERDICT: Jefferson Circuit Court Jury Awards $3.25 Million Dollars to Estate of Man who died in Car Fire

LOUISVILLE, KENTUCKY (March 17, 2008) – A Jefferson Circuit Court Jury awarded the Estate of Bernard Mulligan $3.25 million dollars for injuries suffered in a car fire resulting in Mr. Mulligan’s death.  The jury deliberated for three hours at the conclusion of a four-day trial presided over by Circuit Court Judge Martin McDonald.  The jury determined that Don’s Auto Clinic, which was an auto repair shop located on Greenwood Road in Louisville Kentucky, and its owner, Samuel Barrett were negligent in diagnosing, repairing, and inspecting Mr. Mulligan’s vehicle.


The evidence showed that Mr. Mulligan’s vehicle was towed to Don’s Auto Clinic on two separate occasions due to overheating.  The second time, Don’s Auto Clinic was told that wire insulation had melted.  Don’s Auto Clinic recommended that the engine be replaced and a rebuilt engine was installed in the vehicle.  Two days after Mr. Mulligan picked up his vehicle, he parked it and let the car idle for about 30 minutes.  While the car was idling, a fire erupted in the engine compartment, engulfing Mr. Mulligan in flames.  It was unclear why Mr. Mulligan could not get out of the vehicle.  There was testimony that he did suffer from diabetes and that he may have been incapacitated from the effects of diabetes, carbon monoxide or other reasons.  He suffered burns to over 45 % of his body including his head, face, neck, chest, hands, legs, and his airway.  En route to the hospital, Mr. Mulligan remained conscious and responded to commands; however, he suffered excruciating pain and paramedics could not administer pain medication.  He survived three days in the burn unit at University Hospital before he died.


            The jury awarded the following damages:


                        (a) Past medical expenses                                 $   102,019.65

                        (b) Funeral and Burial Expenses                          $     3,880.00

                        (c) Pain and suffering, mental & physical             $3,000,000.00

                        (e) Destruction of the power to

                              labor and earn money                                   $   150,000.00

                                    TOTAL                                                  $3,255,899.65


Mr. Mulligan was a 67-year-old butcher who worked at the Pic Pac in Louisville’s Portland neighborhood.  He was survived by 5 adult children and was represented at trial by H. Philip Grossman and Jennifer A. Moore of the Louisville law firm of Grossman & Moore PLLC

Grossman and Moore described this as a tragedy of enormous proportions, compounded for the family by the failure of the insurance company to settle this case within the policy limits before trial.

Sunday, March 16, 2008

VERDICTS: $5.14 million dollar verdict in McCreary County in wrongful death case

AP Story from WAVE 3 reports that Gary Crabtree, a London attorney who represented the family obtained a $5.14 million dollar verdict from a wrongful death case in McCreary County.  [If anyone wishes to scan in PDF the actual jury instructions and verdict, I will post on the site for educational and informational purposes.]

A southeastern Kentucky jury has awarded $5.14 million to a man whose wife and daughter were killed in a wreck with a sheriff's deputy.

Sunday, February 17, 2008

COURTS: Michael Newby Case Settles

From WAVE3:

The family of a 19-year-old man fatally shot by a Louisville police officer in 2004 has settled a federal lawsuit against the officer.

Thursday, January 03, 2008

CIVIL FILINGS: "DUI victim's family sues Monkey Wrench" (CJ)

A suit was filed on behalf of John Wesley Morgan Faulkner claiming employees at The Monkey Wrench on Barrett Avenue knew that John Faulkner, who was a cook, was underage when they "carelessly and illegally" sold him alcohol on Feb. 1.  John died in a car accident on the way home that night.

Wednesday, January 02, 2008

CIVIL CASES: "Jefferson Co. asks judge to toss smoking ban ruling"

A spokesman for the county attorney's office said the request amounts to asking Judge Stephen Ryan to change his mind, after he found the smoking ban unconstitutional because it included an exemption for Churchill Downs.

CRIMINAL CASES: "Judge recused in Baker trial" due to prior professional relationships with prosecutors

Judicial recusal in criminal case in Maysville

MAYSVILLE - A Northern Kentucky judge has removed himself from the trial of a woman charged with helping to hide the remains of a murdered Ohio foster child. ***

Baker's attorneys had called into question Mason Circuit Judge Stockton Wood's former professional relationships with prosecutors.

click on heading for entire story.

UPDATED:  Here is a more detailed story at the Herald Leader: Judge recuses himself in foster child case

Tuesday, January 01, 2008

CIVIL CASES: "Family sues state police over shooting in eastern Kentucky"

Family sues state police over shooting in eastern Kentucky - John and Sharon Keene of Pike County filed suit in U.S. District Court on Friday. The Keenes claim a state trooper, Pike County sheriff's deputy and a third, unknown officer shot and killed their son, 26-year-old John Michael Keene of Elkhorn City, after a short pursuit on Dec. 28, 2006. click on heading for entire story from Herald Leader.

CRIMINAL CASES: "Fraud case defendants to tell their side"

From the Herald Leader is more on the museum fraud trial in Louisville.  click on heading for the entire story:

Three people accused of defrauding the millionaire founder of a historic weapons museum will present their case this week to a federal judge.

Monday, December 31, 2007

CIVIL CASES: "Judge dismisses lawsuit brought by police officer"

U.S. District Judge Joseph Hood, in an order entered this week, dismissed the lawsuit filed by Chris Fernandez, who worked as a police officer from November 2004 to July 2005. In his lawsuit, Fernandez alleges that some Lexington police officers treated Hispanics unfairly, that officers made racial comments around him and that he was ostracized after he refused to arrest a Hispanic man on a domestic violence charge. CLICK ON HEADING FOR ENTIRE STORY.

Saturday, December 29, 2007

CIVIL CASES: Workers compensation carrier seeks recovery of its $1.1+ million in medical bills paid on behalf of injured pilot

The Insurance Company of the State of Pennsylvania which paid for the injured pilot's medical bills as a workers compensation carrier is seeking reimbursement for nearly $1.1 million in medical bills paid to the injured pilot (Polehinke) and nearly $100K in death benefits paid on behalf of the deceased pilot (Clay) following the Flight 5191 Comair Crash at Lexington, Ky.
LEXINGTON - An insurance company for Comair says it has paid more than $1.1 million in medical bills for the co-pilot who survived an August 2006 plane crash that killed the other 49 people around.
Click on heading for the entire story.

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