Timothy Culver Feld

Management of a diverse range of cases including personal injury defense, products liability litigation, bad faith, and civil rights litigation.

Samples of Jury Trials:

• Motor Vehicle Collision - Marcel Washington v. Jessica Delafield, Fayette Circuit Court, Civil Action No. 09-CI-06037. Mr. Feld served as Defense Counsel for Jessica Delafield regarding a motor vehicle collision. The accident was a low speed, minor impact collision. Plaintiff asserted a shoulder injury that necessitated surgery, approximately $35,000 in medical expenses, $11,400 in lost wages and $500,000 in lost earning capacity. The Court determined 100% fault to the Defendant by Directed Verdict. The jury determined all of the medical expenses unnecessary and awarded the Plaintiff $0. The jury also rejected the Plaintiff's claims of pain and suffering, lost wages and the impairment of her ability to earn income. 
• Motor Vehicle Collision – Deborah Smith, Plaintiff, v. Louise Fox, Defendant, United States District Court, Eastern District of Kentucky, at Lexington, Civil Action No. 5:08-cv-00220-KSF. Mr. Feld served as Defense Counsel for Louise Fox regarding a motor vehicle collision. The Plaintiff’s vehicle was rear-ended by the Defendant. As a result of the accident, the Plaintiff claimed several years of medical treatment and $132,000 in medical expenses. The jury determined the majority of the medical expenses unnecessary and awarded the Plaintiff $2,200 in medical expenses, which was reduced by the PIP off-set, and $5,000 in pain and suffering. The jury rejected the plaintiff's claims for future medical expenses and permanent impairment to earn wages.
• Motor Vehicle Collision – Tony Anderson, Plaintiff v. Kim Watson, Defendant, Fayette Circuit Court, Civil Action No. 02-CI-4885. Mr. Feld served as Defense Counsel for Kim Watson regarding a motor vehicle collision. The Plaintiff's vehicle was rear-ended. As a result of the accident, the Plaintiff underwent two surgeries, claiming $105,000 in medical expenses and more than $70,000 in lost wages, as well as $3,200,000 in a loss of earning capacity claim. The jury determined the Defendant to be 10% at fault with the remaining fault to be apportioned to a second Defendant who settled out of court for a confidential sum prior to trial. As to damages, the jury awarded the Plaintiff $5,000 in medical expenses which was reduced by the PIP offset. The jury rejected pain and suffering, lost wages, and a permanent impairment claim.
• Civil Rights – Craig Bigsby, Plaintiff vs. Investment Properties, Inc. d/b/a Campbell House Inn, Defendant, Commonwealth of Kentucky, Fayette Circuit Court; Civil Action No. 01-CI-3830. Mr. Feld served as Plaintiff's counsel for Craig Bigsby regarding a wrongful discharge and hostile working environment claim against his employer. Mr. Feld called 12 former and current employees as witnesses and the jury found for the Plaintiff, awarding $55,000 in punitive damages. In addition, Mr. Feld was awarded more than $64,000 in attorney fees.
• UIM Claim – Michael G. Keating, Plaintiff, vs. Nationwide Insurance Company of America, Defendant, Commonwealth of Kentucky, Jessamine Circuit Court, Civil Action No. 02-CI-00287. One eyewitness to this motor vehicle accident testified that the Defendant in the underlying action ran the red light by some twenty seconds. As a result of the collision, the Plaintiff was transported by life-flight helicopter to the University of Kentucky Hospital, where he remained comatose for several days. The Plaintiff was treated for a closed head injury, memory loss, depression, dementia, mood disorder, and cognitive dysfunction. The forensic psychiatrist, Dr. Robert P. Granacher, Jr., of Lexington , Kentucky, quantified the brain injury. The Plaintiff sought over $2 million in damages. The underlying carrier, Kentucky Farm Bureau, paid $265,000.00 of its $300,000.00 policy limits. Mr. Golden and Mr. Feld appeared at trial and defended the UIM claim on behalf of Nationwide Insurance Company. The jury assessed fifteen percent (15%) of fault to the Plaintiff. A defense judgment followed, the adjusted verdict less PIP and comparative fault equaling $17,000.00, falling far short of the $300,000.00 UIM threshold. In fact, the $17,000.00 fell far short of the Plaintiff's claimed medical bills, which totaled over $50,000.00.
• Motor Vehicle Collision – Billy Ray Walls v. Pleasant Retreat Motors; Jessamine Circuit Court; Civil Action No. 98-CI-00538. Billy Walls, a Jessamine County Sheriff, was hit by a vehicle driven by a drunk driver. The Defendant was a used car salesman who allegedly sold the vehicle to the intoxicated driver. The Plaintiff claimed negligent entrustment by the Defendant. The jury rejected his claim.
• Motor Vehicle Collision – Lisa Johnson v. Pamela Seckel; Fayette Circuit Court; Civil Action No. 00-CI-4091. Lisa Johnson was rear-ended by the Defendant, Pamela Seckel. The Plaintiff alleged that she sustained a severe neck injury which required surgery as a result of the accident. The jury rejected her claim.
• Motor Vehicle Collision – Kentucky Farm Bureau, Plaintiff v. Roman Yoder and Mercer Construction, Defendant, Commonwealth of Kentucky, Fayette Circuit Court; Civil Action No. 01-CI-4132. Served as defense counsel for Roman Yoder and Mercer Construction regarding a subrogation claim for property damage and medical bills. The Plaintiff's insured was stopped at a red light and was rear-ended by Mercer Construction's truck. The jury rejected Kentucky Farm Bureau's claim. In fact, the Defendants filed a counter-claim and received 100% of their claimed damages.

Supreme Court Experience:

• Coomer v. Phelps and Progressive Northern Insurance Company; 117 S. W.3d 389 (Ky. 2005) Golden and Walters represented Mr. Phelps in this matter, who was driving his vehicle and ran over the Plaintiff's leg. The Plaintiff executed a release with Progressive. After the release was executed, the Plaintiff learned her injury was much more severe than originally thought. Golden and Walters filed a Motion for Summary Judgment which was granted. The ruling was challenged and was argued in front of the Kentucky Supreme Court. Mr. Feld advocated on behalf of Mr. Phelps, and the Kentucky Supreme Court issued a unanimous opinion in Mr. Phelps' favor.