Jury Trials

Insurance Defense

UIM Claim - Ulysses Savage, et al., Plaintiffs, v. USAA, et al., Defendants, Commonwealth of Kentucky, Pike Circuit Court; Civil Action No. 97-CI-0362. The plaintiff had open-heart surgery and had traveled from Pikeville to Lexington for a thirty-day checkup. After meeting with his thoracic surgeon, and receiving a clean bill of health, he began traveling back to Pikeville. The tortfeasor pulled from an inferior roadway across the highway, causing the plaintiff's vehicle to T-bone the tortfeasor's vehicle. The resulting collision allegedly caused the plaintiff to have an additional open-heart surgery. Three cardio-thoracic surgeons testified at the trial, as well as orthopedic surgeons, family practitioners, psychiatrists, and cardiologists. Mr. Golden acted as lead counsel for all defendants, including USAA, who was one of two named UIM carriers. Although liability appeared clear, the jury found the plaintiff to be 40% at fault and made an award of $8,782.00 in medical bills for Ms. Savage and $6,081.00 in medical bills for Mr. Savage. These were the same amounts USAA was seeking from the tortfeasor's carrier, Allstate, on its PIP subrogation claim. Therefore, the jury awarded the plaintiffs nothing and awarded USAA 100% of its PIP subrogation claim.
Auto Negligence - Carl W. Richmond, Plaintiff, vs. Peryda M. Pike and West American Insurance Company, Defendants, Commonwealth of Kentucky, Jessamine Circuit Court, Civil Action No. 04-CI-00695. Verdict: $0. Mr. Golden represented Ms. Pike, who was 84 years old and was involved in a motor vehicle collision on April 2, 2002 in Nicholasville, Kentucky . She was traveling in a Jaguar and ran a red light at an intersection, striking a vehicle being driven by Mr. Richmond. Since the day of the collision, Mr. Richmond has been unable to work, and has been declared disabled. He sought medical bills in the amount of $129,083.00, as well as other damages that totaled over $1 million. The case hinged on the jury instructions that distinguished between the breach of duty of Ms. Pike as being a substantial factor in causing the "injuries" as opposed to causing the "collision." The jury found in favor of Ms. Pike, thereby awarding nothing to the Plaintiff, due to the fact that Ms. Pike did not cause his "injuries." The trial court sustained Plaintiff's motion for a new trial and the case subsequently settled.
Auto Negligence - Ronggui Li, Plaintiff, vs. Floyd Goodpaster, Jr., Defendant, Commonwealth of Kentucky, Fayette Circuit Court, Civil Action No. 01-CI-247. Ronggui Li, a post-doctorate fellow, was hit by a car while riding his bicycle through a pedestrian crosswalk. The Defendant was retired and legally blind in his left eye. The Plaintiff retained the forensic psychiatrist, Dr. Robert P. Granacher, Jr., as his expert and sought $2.4 million in damages. Dr. Granacher testified live at trial and was subjected to a cross-examination by Mr. Golden that was later sold as a DVD by The Kentucky Trial Court Review. The cross-examination, which sold for $75.00, is the first such DVD ever offered by the publication. Mr. Golden was able to obtain a defense verdict on behalf of the Defendant.
Auto Negligence - Brenda Shepherd, Plaintiff, v. James Hale and Childers Oil Company, Defendants, Commonwealth of Kentucky, Perry Circuit Court; Civil Action No. 99-CI-0546. Mr. Golden represented the defendant oil company in a case where its 18-wheel tractor-trailer ran a red light on Christmas Eve and struck the plaintiff's vehicle, ejecting her 40 feet onto the roadway. The plaintiff suffered a permanent closed-head injury, a lacerated scalp from her forehead to the base of her skull, a lacerated spleen, fractured ribs, fractured pelvis, and a collapsed lung. She was hospitalized for two weeks and spent three days in intensive care. The forensic psychiatrist, Dr. Robert Granacher, testified live at trial on behalf of the Plaintiff. The last time Dr. Granacher testified live at trial in Perry County, the plaintiff obtained a $6.0 million verdict. The plaintiff also called a vocational expert live. Mr. Golden countered with his own forensic psychiatrist, a neurologist, an orthopedic surgeon, and a vocational expert. The plaintiff asked for an award of $7.5 million, but the jury awarded less than $24,000.00. The case was ultimately settled.
Auto Negligence - Jamyl Sydboten, Plaintiff, v. Amanda Bishop, Defendant, Commonwealth of Kentucky, Fayette Circuit Court; Civil Action No. 98-CI-0097. Mr. Golden represented the defendant in this motor vehicle collision case. A vehicle driven by Ms. Bishop struck the plaintiff, Sydboten. The plaintiff served as golf pro at the Andover Country Club and had ambitions of playing on the PGA tour. He submitted proof of medical bills in the amount of $21,022.00, plus a claim of over $1.0 million in additional damages associated with the alleged ruin of his golf career. Result: Sydboten was awarded $1,000.00 for his medical bills, $1,000.00 for pain and suffering, and was apportioned 30% of the comparative fault.
Auto Negligence - Laura Bailey and William Bailey v. MCM Business Services, Inc., d/b/a MCM Signs, and Frank Patton, Fayette Circuit Court, Civil Action No. 05-CI-2758. Mr. Walters was lead counsel for Mr. Patton and his employer, MCM Signs, for an accident that occurred when Mr. Patton's sign truck crossed the center line and struck the Plaintiff head-on. Mr. Patton testified at trial that his brakes did not function as he expected, forcing him to cross the center line in an attempt to avoid stopped traffic. As a result of the accident, the Plaintiff shattered her tibia and fibula at the ankle, necessitating internal and external fixation as well as skin and muscle grafting. The Plaintiff called over twenty witnesses to testify at trial, including Dr. Lockstadt, Dr. Bray, and Dr. Granacher, and asked the jury for an award of 1.75 million dollars. After a four-day trial, the jury found that Mr. Patton was not at fault for the accident and awarded the Plaintiff nothing. This matter is currently under appeal.
Auto Negligence - Brenda Joyce Wright v. James Thorne and H. Smoot Fahlgren, d/b/a Mill Run Farm, U. S. District Court, Eastern District of Kentucky, Lexington Division, No. 01-114. Mr. Walters was lead trial counsel for Mr. Thorne, the driver of a horse trailer that sideswiped an oncoming passenger car. The Plaintiff claimed soft tissue injuries with resulting treatment by a neurosurgeon, and medical expenses exceeding $9,000.00. After a two-day trial, the Plaintiff was awarded only $3,621.00 of her claimed medicals and $0 for pain and suffering. Furthermore, Plaintiff was assessed 30% of the fault for the accident.
Boating Negligence - Kendra Kelley v. John Poore, Fayette Circuit Court, Division VII, Civil Action No. 07-CI-4585. Mr. Walters was lead trial attorney for the Defendant, John Poore, who was accused of negligently operating his boat while on Herrington Lake. The Plaintiff suffered a compound fracture of both her tibia and fibula when the jetski she was driving was struck by the boat driven by Mr. Poore. The Plaintiff claimed that Mr. Poore had failed to keep a proper lookout and had negligently driven his boat overtop of her jet ski. Mr. Poore argued that it was in fact the Plaintiff who had pulled directly in his path of travel on the lake. This matter was tried for two days before a Fayette County jury. The jury returned with a defense verdict in favor of Mr. Poore, finding that he was not in any way at fault for the accident. This matter has not yet been fully resolved post-trial.
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 determines 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 future medical expenses and permanent impairment to earn wages claims.
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, claimed $105,000 in medical expenses, 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 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.
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.
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 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.

This case is also notable in that Mr. Golden also defended USAA during this trial against claims of bad faith, which the Pike Circuit Court refused to bifurcate from the underlying claims. Despite this fact, Mr. Golden obtained a defense verdict for USAA on these bad faith claims as well.

Civil Rights Litigation

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. 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 and awarded $55,000 in punitive damages. In addition, Mr. Feld was awarded more than $64,000 in attorney fees.

Civil Rights - John Doe Nos. 1-17, Plaintiffs, v. Hon. Pam Miller, et al., Defendants, United States District Court for the Eastern District of Kentucky at Lexington, Case No. 00-166. Mr. Golden was lead counsel for plaintiffs in a civil rights action regarding claims of sexual abuse by Ron Berry, an employee of the Lexington-Fayette Urban County Government, spanning a time period of approximately 30 years. The lawsuit alleged that the government provided funding to Ron Berry's organization, thereby enabling him to use his position of authority to sexually molest children. After intensive discovery, the Lexington-Fayette Urban County Government paid $2.4 million to settle the case. The case involved complex issues regarding class certification, governmental immunity, and statute of limitations issues. The case posed significant logistical challenges due to the number of witnesses, the 30-year time span covered by the allegations, and the voluminous documentation provided during discovery.
Civil Rights - Vickie Wilson, et al., Plaintiffs, v. David Webb, et al., Defendants, U.S. District Court, Western District of Kentucky, Bowling Green Division, No. 1:94-CV-45-M. Mr. Golden represented two students in this civil rights action against their teacher, Tony Luttrell. The trial lasted two weeks in federal court and over 150 witnesses were listed to testify. Result: $451,000.00 verdict against the teacher and an award of $180,000.00 in attorney's fees. The United States Supreme Court denied certiorari.

School Law

School/Employment Law - Melinda Lewis Cobb, Plaintiff, vs. Russell W. Behanan, in his Individual Capacity and in his Official Capacity as Director of Middle Schools for the Fayette County Public Schools; Peter Flynn, in his Individual Capacity and in his Official Capacity as Superintendent of the Fayette County Public Schools; and Board of Education of Fayette County, Kentucky, Defendants, Commonwealth of Kentucky, Fayette Circuit Court, Civil Action No. 99-CI-01504. Verdict: $3.5 million and an additional $550,000.00 awarded in attorneys' fees. The Plaintiff, Melinda Cobb, was the principal of Leestown Middle School , hired in 1997 by the Fayette County Board of Education. The school had a history of problems and Ms. Cobb was instructed to correct the problems. Ms. Cobb was met with resistance at every turn from a small group of teachers and a small group of parents who were apparently satisfied with the status quo. In retaliation for her unpopular efforts, police officers met Ms. Cobb in her office on a Monday morning and conducted a frisk search of her body, and searched all of her belongings, her office and her motor vehicle. The search revealed a handgun in the glove compartment of Ms. Cobb's automobile. However, the police involvement that occurred on a Monday was, according to Ms. Cobb, in retaliation for Cobb appealing a bogus evaluation on the prior Friday.

Superintendent Flynn was notified that a gun in the glove compartment of a motor vehicle was not a statutory violation but merely violated the school board's policy. Flynn was further notified that in order for there to be a statutory violation, Cobb had to have taken the gun into the school. The day after Dr. Flynn was notified of these facts, Ms. Cobb's supervisor brought forth a witness who claimed that Cobb had taken a gun into the school building six months prior. The grand jury refused to indict Ms. Cobb on felony charges.

Ms. Cobb successfully appealed her termination before an administrative tribunal. Thereafter, she pursued her civil claim for a whistleblower violation and for wrongful use of administrative proceedings. Because Cobb's immediate supervisor and the soon-to-be new Superintendent of Fayette County had admitted that they destroyed documents, the trial court gave an inference instruction that the documents that were destroyed would be favorable to Cobb. Cobb received an award of $500,000.00 in punitive damages against the Fayette County Board of Education on her whistleblower claim. She prevailed against her immediate supervisor and the Superintendent on the claim for wrongful use of administrative proceedings, being awarded a total of $3 million. The award to Ms. Cobb was reduced by the Court of Appeals to $500,000.

Construction Law

Mold/Construction - Jennifer Campbell, Plaintiffs v. Tim Childers and Tim Childers Building, Inc., Defendants, Commonwealth of Kentucky, Lincoln Circuit Court, Civil Action No. 03-CI-00201. As lead counsel, Mr. Golden defended Childers Building against homeowners claiming over $273,000.00 in damages and nearly $100,000.00 in additional legal fees and costs. The Plaintiffs claimed that Mr. Childers failed to build their home in a workmanlike manner, particularly with respect to brick veneer masonry, resulting in mold infestation that rendered their home uninhabitable. Mr. Golden defended countered that not only was Childers no longer the Plaintiffs' general contractor at the time the allegedly defective work was performed, but also that there were no construction defects and that mold levels in the home were completely normal. The case involved complex issues such as mold intrusion, testing, and remediation standards, construction industry standards in areas such as framing, excavation, insulation, drywall and masonry, breach of warranty, violations of the Kentucky Building Code and Consumer Protection Act, and breach of contract. At the conclusion of a five-day trial, the jury unanimously rejected the Plaintiff's claims of mold infestation and remediation, as well as negligent construction and supervision in the areas they claimed to have resulted in damages. The jury also rejected the Plaintiffs' breach of warranty claim and secondary housing expenses. Based upon unrelated minor defects admitted by the defense during the trial, the jury awarded only $15,000.00 to the Plaintiffs.

Construction Claim - Pikeville Methodist Hospital, Plaintiff, v. META Associates, Inc., Defendant, Commonwealth of Kentucky, Pike Circuit Court; Civil Action No. 97-CI-01179. Mr. Golden served as Plaintiff's counsel for Pikeville Methodist Hospital regarding a construction claim against one of the general contractors. The defendant settled on the first day of what was to be a three-week trial, after Mr. Golden previewed for defense counsel a summary of his intended opening statement.

Medical Issues

Assault/Battery - Melissa Underwood, Next Friend of Jane Doe v. Linville Cox, Jessamine Circuit Court, Civil Action No. 08-CI-00872. Represented the Plaintiff to recover damages from Defendant for sexual assault and battery of minor. Result: $201,000.00 verdict for the Plaintiff.

Personal Injury/School Liability - Mary Lou and William Stone v. The Irwin Seating Company and the Fayette County Board of Education, et al, Fayette Circuit Court, Civil Action No. 04-CI-0212. Mr. Walters was lead counsel for Mary Lou Stone, who had fallen from the bleachers while attending a basketball game at Tates Creek High School, and her husband. Mrs. Stone underwent four surgeries for a shattered elbow, finally undergoing a total elbow replacement. Mr. Walters sued the manufacturer of the bleachers for a design defect, based upon the tripping hazard that was present if the handrails were not used. Mr. Walters also sued Tates Creek High School and its employees for their failure to use hand rails on the bleachers at the time of Mrs. Stone's fall. Mrs. Stone had over $200,000 in medical bills and a significant claim for her pain and suffering. After three days of trial, the case was settled for an amount satisfactory to Mr. and Mrs. Stone.
Personal Injury/Vicarious Liability - Barry Holder, Plaintiff, v. Sandra Stuart, Kirby Martin and Jason Stewart, Defendants, Commonwealth of Kentucky, Montgomery Circuit Court, Civil Action No. 02-CI-90065. As co-counsel, Mr. Golden defended Ms. Stuart, Mr. Martin and Mr. Stuart against an independent contractor claiming personal injuries resulting from the use of a miter saw. The Plaintiff claimed that while he was cutting bathroom trim boards in Ms. Stuart's home, Mr. Martin negligently pushed him into the miter saw blade, causing him to suffer pain, permanent disfigurement and impairment of earning capacity, lost wages, and medical expenses. The defense countered that the Plaintiff caused his own injury. During opening statements at trial, Mr. Golden successfully excluded most of the Plaintiff's claimed damages under Fratzke v. Murphy, leaving the Plaintiff only with his past wages and pain and suffering claims. At the conclusion of the Plaintiff's case-in-chief, Mr. Golden obtained directed verdict on liability in favor of Mr. And Ms. Stuart. At the conclusion of trial, the jury returned a defense verdict on liability for Mr. Martin after less than five (5) minutes.
Slip and Fall Claim - Lisa Tucker, Plaintiff, v. Childers Oil Company, Defendant, Commonwealth of Kentucky, Floyd Circuit Court; Civil Action No. 99-CI-0077. Mr. Golden defended the oil company in a slip-and-fall claim. Plaintiff pulled into the BP gas station owned by the defendant to fill her car with gas. She claimed she slipped on an oily spot and suffered a comminuted wrist fracture. Result: a defense verdict.
Pharmacist Malpractice - Carol Jean Wolfe v. Michael Anneken, formerly d/b/a Medical Village Pharmacy, Professional Compounding Centers of America, Inc., Mangat-KUY Plastic Surgery Center, P.S.A., and Devinder S. Mangat, M.D., Kenton Circuit Court, Civil Action No. 01-CI-1771. Mr. Walters represented the target Defendant in this action, Michael Anneken. Mr. Anneken mixed an acid solution for the Plaintiff's facial peel that caused the Plaintiff's face to burn and scar. During an eight-day trial, all parties to the case placed blame on the pharmacist for improperly mixing the solution. Ultimately, however, the jury concluded that all three Defendants shared proportionately for the Plaintiff's damages. The pharmacist paid less than twenty percent of the Plaintiff's claimed damages.

Products Liability

Products Liability - James A. Mitchell, Plaintiff, v. Bouldin & Lawson, Inc., Defendants, Commonwealth of Kentucky, Bourbon Circuit Court; Civil Action No. 96-CI-00089. Mr. Golden defended this product liability action regarding Bouldin & Lawson's manufacturing of soil-mixing machines that were sold in Kentucky. A young man working at a plant nursery was on top of one of the soil-mixing machines when his leg slipped through the grate and was amputated. Mr. Golden defended the case by asserting that the height of the machine was a safety feature that would have prevented the accident. Result: a defense verdict.

Products Liability/Negligence - Kevin Kessnick v. O'Connor Sugar Bay Golf, LLC; Sugar Bay Golf Course; Club Car Acceptance Corporation; Century Equipment; and OC's Steakhouse and Pub, LLC, Gallatin Circuit Court, Civil Action No. 06-CI-00080. Mr. Walters was lead trial attorney for the Defendant, Century Equipment, a distributor of Club Car golf cars who sold golf cars to Sugar Bay Golf Course. The Plaintiff, Kevin Kessnick, was injured when a Club Car golf car rolled on top of him while playing golf at Sugar Bay Golf Course. Mr. Kessnick was rendered a quadriplegic as a result of the accident. On the eve of trial, the Plaintiff settled with both Club Car and the golf course. Thus, the Plaintiff proceeded to trial with Century Equipment as the lone remaining defendant. The Plaintiff's remaining theories against Century Equipment were that it negligently failed to inspect the course for dangerous conditions. After four days of trial, Century Equipment was awarded directed verdict by the Judge following the close of Plaintiff's proof. The matter was fully and finally dismissed in favor of Century Equipment.