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Client Outcomes
Rodney Scott tried Delaney v. Heady and Weiss in Floyd County Circuit Court. Plaintiff was an 81 year-old, decorated veteran who saw significant combat in Europe and Asia during World War II. He was also the innocent victim of the accident. He had accumulated more than $140,000.00 in medical billings as a result of femur and ankle fractures, surgeries and nursing home care. He also needed continued care due to the non-fusion of the ankle. The jury deliberated fault between the two drivers, and ultimately assessed 60% of the total fault to Rodney’s 16 year-old driver. The jury determined, thanks to the evidence of amounts paid to satisfy the extensive billings, that Plaintiff’s recoverable damages was $185,000.00. While Rodney was not happy with the fault assessment against his client, he learned a lot about handling the “amounts billed” dispute before a Judge and Jury. Tricia Woods assisted greatly at the trial and in solving the “billed” vs. “paid” puzzle during trial.
Scott Tyler and Tricia Hofmann secured the voluntary dismissal of a mortgagee’s claim in a fire loss case. In Country Acreage v. Progressive, a mortgagee sought to recover its outstanding note balance after the insured premises was destroyed by fire. Investigators determined that the fire was incendiary and was started by someone with a key to the premises, but all keys were accounted for by the homeowners. Progressive first secured a declaratory judgment against the homeowners which found the loss was attributable to their intentional conduct. Next, Progressive filed a Motion for Summary Judgment against the mortgagee. Based on the language of the policy, the mortgagee’s claim was derivative of the homeowners,’ and their intentional or fraudulent conduct was binding on the mortgagee. After reviewing Progressive’s Motion for Summary Judgment, the mortgagee conceded to the entry of Judgment on behalf of Progressive.
Rodney Scott participated in the trial defense of Miller v. Southern Indiana Anesthesiology Consultants, Inc. in Floyd County Circuit Court along with co-counsel, Tracey Prewitt. Plaintiff had a severe reaction to anesthesia during an epidural block. He suffered from paralysis of the legs, bowel and bladder. He had to undergo significant rehabilitation. He was still experiencing symptoms and significant limitations at the time of the trial. Liability – not damages – was contested on the theory that it was a known but rare complication of the procedure and not the result of negligence. The proceedings were emotionally charged. The jury ultimately returned a defense verdict for the doctor and group. It is currently on appeal.
Rodney Scott and Chad Smith tried Rice v. Hancock in Clark County Superior I. Plaintiff was a pedestrian in a gas station parking lot and claimed that our client backed into him, causing injuries and damages. Plaintiff claimed medical bills and losses in the range of $7,000.00. We defended the case on liability, arguing that our client acted reasonably under the circumstances and that, if anything, the accident was caused by Plaintiff’s actions. The jury returned a defense verdict for our client.
Scott Tyler and Chad Smith tried Jordan Miller v. Westfield Insurance Company in Louisville, Kentucky, Jefferson Circuit Court, Division 4. Plaintiff was a 23 year-old passenger in a vehicle that was rear-ended. After Plaintiff recovered from the tortfeasor, he sought underinsured motorists coverage from Westfield. As a passenger in the vehicle, Plaintiff had no fault for the accident, and it was tried on damages only. Plaintiff sought approximately $13,000.00 in past medical services, $40,000.00 in pain and suffering and future medical services. After Plaintiff’s presentation of evidence, Scott and Chad secured a directed verdict as to Plaintiff’s future medical services claim. The jury deliberated for slightly more than an hour before returning a verdict awarding Plaintiff his medical expenses and $1,000.00 in pain and suffering. After a set-off of $10,000.00 for Westfield’s PIP payments, the total verdict was $3,783.10, which was less than the $4,000.00 Offer of Judgment tendered prior to trial.
Tricia Hofmann procured the voluntary dismissal of Myers v. Thompson, a personal injury lawsuit filed in Floyd Circuit Court. In that action, plaintiff amassed over $88,000.00 in medical billings which she attributed to the accident with our client. The firm amassed substantial pre-accident medical records of the plaintiff, many of which pointedly contradicted her sworn deposition testimony. These discrepancies were detailed in a lengthy letter to plaintiff’s counsel, in which we expressly denied any causal relationship between the accident and injuries. In response, counsel withdrew his representation of the plaintiff. A short time later, plaintiff elected to voluntarily dismiss her lawsuit in its entirety, with no compensation whatsoever for her alleged injuries.
Rodney Scott tried Baer v. Lawson in Washington County Circuit Court. Plaintiff was a 14 year-old passenger in a vehicle being driven by a non-party. The non-party was a 16 year-old, unlicensed operator. The non-party turned left in front of our client. Plaintiff and non-party, however, claimed that our client was traveling too fast for the conditions, was operating with a handicapped placard hanging from the mirror and failed to keep a proper lookout. Plaintiff, however, could recover if even 1% of fault was attributed to our client. Plaintiff claimed post-concussive headaches, significant limitations and medical bills of around $14,000.00. The jury returned a general verdict for the defense and did not allocate any fault between the non-party and our client. The non-party defense, however, added an unusual dimension to the trial.
Chad Smith secured an involuntary dismissal in Murray v. Lights in the Vanderburgh Superior Court. In the brief and hearing on our Motion to Dismiss, Chad argued that the court lacked subject matter jurisdiction over the matter, and also argued that a worker’s compensation claim constituted Plaintiff’s sole remedy for injuries allegedly sustained by the acts of a co-worker.
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