Representative Experience

Saufley, et. al. vs. James R. Reed, Jr., Case No.: 2017-CA-000050 (Ky. Ct. App. May 3, 2019) Opinion and Order Affirming  a defense summary judgment in a case in which Plaintiffs alleged that encroaching Taxus Yew bushes from the Defendant’s property, poisoned and killed a number of cattle. The Court of Appeals agreed with defense arguments that no duty existed.

Mitchell vs. Creative Touch Floral et. al., Henderson Circuit Court Action # 15-CI-00294. Won a defense Summary Judgment in a hazardous materials products liability case, in which the Court agreed with our arguments that Kentucky’s middleman statute applied and that the client retailer had not violated Kentucky’s Hazardous Substances Labeling Act and regulations.  

Tolson vs. Rosenberg, (Madison Cir. Ct. case #: 15-CI-512). On June 13, 2018 won a unanimous defense verdict after a 3 day jury trial, in which we defended a landlord against allegations of code violations and negligence in a premises liability case involving serious personal injuries.

Sarah Groves, et al v. Terry and Tammie Harris and John and Hazel Woods, Case No.: 16-CA-1546 (Ky. Ct. App. Jan. 26, 2018). Order affirming defense summary judgment, on the basis that it is well-settled law in Kentucky that a landlord is only required to warn a tenant of a known, latent danger. Plaintiff was injured by a horse being boarded on the property leased by them, but admitted to knowing that the horse was present on the property, thus the landlord had no duty to warn.

Saufley, et. al. vs. James R. Reed, Jr., 15-CI-0211 (Lincoln Circuit Court). Won a defense summary judgment in a case in which Plaintiffs alleged that encroaching Taxus Yew bushes from the Defendant’s property, poisoned and killed a number of cattle. The trial court agreed with defense arguments that no duty existed.

Phillips v. Touchstone Properties, LLC, No. 2014-CA-001851-MR (Fayette Cir. Ct., July 1, 2016), Order affirming defense summary judgment in this premises liability case, in which the Plaintiff, a high school student, filed suit against two college roommates, and their landlord, for injuries she suffered in a fall, which resulted in paraplegia. Successfully presented to the judge that the Plaintiff had exceeded the scope of her implied invitation and that the Defendants breached no duty.

Linda Thomas vs. James M. Breiner, E.B., a minor child, et al., (Jessamine Circuit Court, Case No. 15-CI-0361), Order dated 7/30/15. Won a defense summary judgment on behalf of E.B., a minor, in which the Plaintiff alleged blindness as a result of being hit in the head by a water balloon allegedly thrown by the Defendant. Summary judgment affirmed on appeal. (Ky. Ct. App., Case N. 2016-CA-001278-MR), Order dated 12/22/17.

Melissa Daum vs. Betty Jo Ginter, (Woodford Circuit Court, Case No. 15-CI-00123), Order dated 7/29/15. Won a defense summary judgment in this premises liability case in which the Plaintiff claimed to have suffered serious injuries as a result of tripping on a cracked public sidewalk.

Hunter & Holman vs. Grimes, (Bourbon District Court, Case No. 14-C-00292), Order dated 5/18/15. Won a defense summary judgment in favor of the landlord in this premises liability case, in which the Plaintiffs claimed damages to their late model luxury vehicle as a result of an alleged defective driveway.

William Branch v. Rex A. Gibson, et al., No. 09-CI-06508 (Fayette Cir. Ct., May 8, 2012) aff’d Branch v. Gibson, No. 2012-CA-000876-MR, 2015 WL 1778187 (Ky. Ct. App. Apr. 17, 2015). Won a defense summary judgment in a case involving a multiple vehicle accident, which resulted in a serious brain injury to the Plaintiff. Successfully argued that the Plaintiff had not established any breach of duty by the Defendant.

AJ Conner, et al. v. Sammy and Cheri May, No. 12-CI-00325 (Clark Cir. Ct., May 6, 2014). Even after the court instructed the jury that the Defendants were strictly liable, won a two-day jury trial with a verdict and subsequent judgment for zero damages.

Robertson v. Wanda King, et al., No. 11-CI-00274 (Scott Cir. Ct., June 3, 2014). After a four-day jury trial, won a defense verdict in a case involving a serious automobile versus pedestrian accident with multiple fractures and specials of over $270,000. Successfully argued to the jury that the Plaintiff was 90 percent at fault.

Farm Bureau v. McFarland, No. 12-CI-00143 (Bourbon Cir. Ct., Aug. 7, 2014). Won a complete defense verdict after a two-day jury trial in this case where the jury agreed that the Defendant was not liable for the injuries and property damage to the Plaintiff’s insured.

Drawbridge v. Neill, No. 12-CI-05535 (Fayette Cir. Ct., Dec. 24, 2014). Won a defense summary judgment in this unsafe workplace case involving a chimney collapse resulting in severe injuries to the Plaintiff contractor. Successfully persuaded the judge that the Plaintiff’s injuries were caused by his own fault, and no breach of duty by the Defendant.

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