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Verdicts & Settlements

Review Our Past Results

Medical Malpractice

  • A jury verdict of $700,000 in Hill v. James C. Woodiel, M.D., a case where a 23 year old man died after his family practice doctor failed to recognize he was experiencing a medical emergency called sepsis (i.e. a whole body infection). Instead, the doctor diagnosed the Plaintiff with back pain and told him to return in two days. Unfortunately, the Plaintiff ultimately died about 24 hours later of the sepsis that the doctor failed to recognize.

    At trial, three expert physicians - two family practice doctors and an infectious disease doctor - testified on behalf of the Plaintiff. These three experts agreed that Dr. Woodiel failed to recognize the severity of the Plaintiff’s condition, and that the Plaintiff would have lived had Dr. Woodiel sent him to the hospital. In response, Dr. Woodiel retained two expert witnesses to testify that he acted appropriately in recommending followup in the office, and that any errors in care were made in Kentucky. However, upon cross examination at trial, one of Dr. Woodiel’s experts actually agreed with the Plaintiff’s theory of the case that Dr. Woodiel breached the standard of care in caring for the Plaintiff during the office visit.

    Bo Bolus and Nick Naiser tried this case for 6 days in front of a Clark County, Indiana jury. After six hours of deliberation, the jury unanimously found in favor of the Plaintiff and awarded her $690,000 in damages for her loss of consortium and $10,000 in damages for funeral expenses.

  • A jury verdict in excess of $509,000 in King v. Anesthesiology of Paducah P.S.C., where a 22-year-old maternity patient suffered a permanent nerve injury after a nurse anesthetist mistakenly placed a spinal needle too high up the spinal column causing contact with her spinal cord. The goal of the spinal block procedure is to inject anesthesia into the spinal canal, but to inject it low enough to avoid the spinal cord. The maternity patient was undergoing the spinal block procedure at the hospital immediately prior to the scheduled c-section delivery of her first child.

    The case was defended with five expert witnesses who testified that the accidental placement of the spinal block at the L1-L2 vertebrae, which is two interspaces too high, met the standard of care because the patient had a congenital tethered cord which caused her spinal column to extend beyond that of a normal spinal column. However, on cross-examination it was learned that over 20% of the population has a spinal cord that extends beyond that of a normal patient and, regardless of the cord's length, the spinal block was inserted not one interspace too high, but two interspaces too high. As a result, the patient suffered a permanent nerve injury. Fortunately, the baby was born healthy and, following extensive rehabilitation, the mother can walk on her own with an affected gait.

    Mike Augustus tried this case for 4 days in front of a Paducah jury of 12 that unanimously found in favor of the Plaintiff and awarded her $500,000 in damages for her physical and mental pain and suffering as well as the full requested amount of medical bills of $9,152.00. That jury verdict is the third highest recorded medical negligence verdict in the history of Paducah, Kentucky.

  • A $328,199 jury verdict in Burris v. Daniel Young, Robert Young, and Robert Young and Daniel Young DMD, where a patient's general dentists missed her gum disease for 4 years. As a result of the missed diagnosis, Ms. Burris had fourteen teeth pulled and replaced with painful and unsightly dental implants. The defendants mounted a vigorous defense at trial, arguing that Ms. Burris' lifestyle choices led to the loss of her teeth, that she did not have gum disease, and that even if they did miss the gum disease it did not cause Jennifer to lose her teeth. After lengthy deliberations, the jury ultimately found in favor of Ms. Burris, awarding her what is the largest recorded dental malpractice jury verdict in Kentucky.

Automobile

  • A $1,020,000 settlement for two Indiana clients who were severely injured in an automobile accident where they were passengers in a vehicle driven by a friend. One client suffered a broken hand and the other suffered a brain injury and broken leg.
  • A $1,000,000 settlement for a client who suffered a brain injury and pelvis fracture when the motor vehicle in which she was a passenger was t-boned at an intersection by a vehicle whose driver was disregarding pertinent traffic laws.
  • A $750,000 settlement for a police officer who suffered a mild traumatic injury when he was rear-ended on the expressway while on duty. The occurrence of a brain injury was hotly disputed by the defendant. Since the injury occurred while the officer was at work, a workers compensation claim was also litigated on behalf of the client and a permanent total disability award was achieved.
  • A $737,500 settlement for a client who suffered debilitating rib, neck and shoulder injuries in a head on collision on a rural highway in Indiana. Causation was disputed relative to the shoulder injury. The client was required to remain off work due to a shoulder surgery 10 months after the accident for a condition that existed prior to the accident. The client had been released back to work after his neck fusion surgery which occurred 5 months after the accident. He was released back to work from his neck surgery and then required shoulder surgery.
  • A $650,000 settlement for a client who suffered a fracture subluxation injury to her neck in an accident where liability was disputed by the defendant company who employed the driver of the company van that caused the accident.
  • A $400,000 settlement for two clients in an intersection collision. A driver of an F250 with trailer ran a red light and crashed into a vehicle containing an elderly couple. The driver husband suffered the more serious injuries including fractured ribs and a collapsed lung followed by complications including a bleeding ulcer and a deep vein thrombosis in his left leg. The passenger wife suffered soft tissue injuries. There were no wage claims.
  • A $260,000 settlement for a pedestrian who was struck by a passing car on Frankfort Avenue in Louisville. The evidence was the client may have been trying to beat the car in crossing the street. He had just parked his car and was crossing the street to have dinner with a friend. The client suffered orthopedic injuries to his leg, back pelvis, shoulder and ribs.
  • A $240,000 settlement for a client. The client required hip and elbow surgeries due to an accident where liability was disputed by the defendant company who employed the driver of the tractor-trailer rig that caused the accident. In addition, the defendant company paid $50,000 to the worker's compensation lien holder which had paid medical bills for, and wages to, the client. According to the Kentucky Trial Court Review the only reported verdict in Jessamine County that was higher for pain and suffering in an auto accident jury trial was $265,000 for a young lady with disfiguring facial scars from an auto accident. In that case the jury awarded $200,000 for past pain and suffering and $65,000 for future pain and suffering. In this case the hip surgeon and elbow surgeon both testified the client was fully recovered from her injuries.
  • A $173,000 jury verdict in Hardin v. USF Holland where Mr. Hardin was sitting at a stoplight when he was rear ended by a USF Holland tractor-trailer. He suffered back and shoulder injuries. The case was tried to a $173,000 jury verdict.

Employment Cases

  • A $2,000,000 jury verdict in Wilson v. Phillip Morris where Mrs. Wilson, a supervisor, suffered a mental breakdown and was unable to return to her job after being exposed to sexual harassment and retaliation by her subordinates. The case was tried to a $2,000,000 jury verdict. After a successful appeal, Phillip Morris paid Ms. Wilson well in excess of $3,000,000 due to the 12% appellate interest rate.
    • Wilson Trial Narrative
  • A $427,000 jury verdict in Harper v. University of Louisville, where an employee of the University's Marketing Department was terminated five days after complaining about overspending in the department. In this "whistleblower" case, the jury found 11-1 that Ms. Harper was retaliated against for voicing her concerns over taxpayer spending. After the verdict, the Court ordered that U of L pay court costs and awarded Ms. Harper an additional $131,000 in attorney fees, for a total judgment of $560,000.
  • A $15,000.00 jury verdict in Spayd v. PNC Bank, where a bank teller at the PNC Oxmoor Branch was fired days after complaining of age discrimination. Ms. Spayd had applied for 31 different jobs within PNC Bank which all went to younger employees. A week after the H.R. department at PNC Bank decided that there was no age discrimination, an internal investigation was launched to determine if Ms. Spayd was dishonest on her PNC job application she had filled out five years prior. A Louisville jury determined that PNC Bank retaliated against Ms. Spayd for voicing her complaint of age discrimination. After the verdict, the Court ordered that PNC pay $4,284 in court costs and an additional $130,979 in attorney's fees for a total judgment in excess of $150,000.
  • A $225,000 settlement in Jones v. City of Louisville where an undercover African-American police officer was shot three times by a Caucasian police officer who was pursuing the same suspect. Officer Jones lost a finger and missed a year of work. A $225,000 settlement was achieved.
  • A $195,000 settlement in James v. F.B.I. where after reporting misconduct and discrimination, Ms. James, an FBI agent, was reassigned and her previously high job assessments fell. Further, the plaintiff reported that her male counterparts consistently received better job assignments and evaluations. A $195,000 settlement was achieved.
  • A $100,000 settlement in Hancock v. Kentucky State Police where a female cadet alleged discrimination and retaliation during her cadet-training program. A $100,000 settlement was achieved.
  • A $58,000 jury verdict in Holston v. Kentucky Fair Board. Mr. Holston was a maintenance worker for 2 months at the Fairgrounds when he was fired by the Director of Human Resources in retaliation for complaining about being sexually propositioned, in graphic terms, by a male co-worker. The 12 member jury was unanimous on all three counts, i.e., harassment, retaliation, and damages, in finding for Mr. Holston. In addition the 2 alternate jurors indicated they would have found for Mr. Holston as well. The damages award consisted of $23,000 for back pay representing roughly 1 year of lost wages and $35,000 for emotional damages. This award does not include front pay or attorney's fee which are to be determined by the judge.

Other Recent Results

  • A jury verdict in excess of $10.5 million in Klosterman v. Falling Rock Park, which is nearly 10 times the amount of any prior verdict in the history of Oldham County, Kentucky. That case involved a Falling Rock Park, a rock quarry turned community swimming pool that allowed patrons to drink alcohol with no supervision. A man drove out of the quarry after drinking for much of the day, and struck a motorcycle driven by Charley Klosterman. Falling Rock Park denied that they allowed anyone to drink at the quarry. Significant evidence to the contrary was presented, including several police officers who witnessed drinking at the quarry, and the drunk driver who admitted that himself and the majority of the other patrons that day were drinking alcohol. By finding in favor of the Klostermans and including in their verdict an award of $2.5 million in punitive damages, the jury recognized the significant community safety hazard posed by Falling Rock Park, and sent the message that unsafe and reckless behavior is not tolerated by Kentucky juries.
  • A $950,000 settlement in a premises liability case. A four (4) year old boy in Lawrenceburg, Anderson County, placed his hand in a meat grinder that his father had left running at his Chinese restaurant. The child's hand was ground down to his wrist. The defense argued pre-litigation that the doctrine of "parental immunity" applied and the father and restaurant could not be held liable because the father was the one who was negligent. Legal research revealed that this doctrine was abolished in the 1970s except for two limited circumstances which did not apply to this case of negligent supervision. A life care planner and vocational expert were retained and the case settled at mediation. A substantial portion of the settlement was structured with the largest payment being $1,055,195 to the child when he reaches the age of 25 and may be a candidate for a potential hand transplant. At present, hand transplantation is still in its experimental stages.
  • A $175,000 settlement in a premises liability case.
  • A $175,000 settlement in a business litigation case.