In September 2018, Mike Maloney and Blake Edwards obtained dismissal of all claims in Jefferson Circuit Court on behalf of a motorist who had been sued for negligence arising from a motor vehicle accident. A settlement was reached with the Plaintiff, but the Plaintiff failed to finalize the settlement by not executing a Release. Plaintiff’s…
Read articleIn June 2018, Mike Maloney and Blake Edwards obtained Summary Judgment in Jefferson Circuit Court on behalf of a merchant that was sued for negligently delivering a pallet of goods, which the Plaintiff alleged had caused her to trip and fall. The Court held that the merchant owed no duty to Plaintiff because the merchant…
Read articleIn April 2018, Mike Maloney and Blake Edwards obtained dismissal of all claims in Grayson Circuit Court on behalf of an employee and his employer, who were sued for negligence and vicarious liability arising from a motor vehicle accident. During the course of discovery, Plaintiff failed to comply with multiple Orders of the Court, which prompted…
Read articleIn February 2018, Mike Maloney and Blake Edwards obtained dismissal of all claims in Jefferson Circuit Court on behalf of a motorist who had been sued for negligence arising from a motor vehicle accident. During the course of discovery, Plaintiff failed to comply with multiple Orders of the Court, which prompted counsel to move the Court…
Read articleTerri Boroughs and Richard Schiller successfully defended a general surgeon in a jury trial in Jefferson County, Kentucky. The allegations included a lack of informed consent and the performance of an alleged unnecessary laparoscopic colectomy. The defense maintained that the informed consent was appropriate and that the surgery was necessary due to the findings at…
Read articleIn July 2017, Mike Maloney and Blake Edwards obtained Summary Judgment in Jefferson Circuit Court on behalf of a construction company that was sued following a fatal boating accident on the Ohio River. The descendants’ estates asserted negligence claims against the construction company, alleging that its construction activities caused or contributed to the subject accident. The…
Read articleIn June 2017, Mike Maloney and Blake Edwards successfully obtained a dismissal of all claims in Jefferson Circuit Court on behalf of an employee and an employer, who were sued for negligence and vicarious liability arising from a motor vehicle accident. During the course of discovery, Plaintiff failed to comply with multiple Orders from the…
Read articleIn June 2017, Terri Boroughs and Noel Halpin successfully defended a cardiovascular and thoracic surgeon in a jury trial in Fayette County, Kentucky. The allegations included a lack of informed consent and the improper performance of a thymectomy surgical procedure. The Plaintiff alleged that the surgeon failed to appropriately inform her of the risk of…
Read articleIn May 2017, Richard Schiller and Noel Halpin obtained a defense verdict on behalf of a general surgeon following a jury trial in Grayson County, Kentucky. It was alleged that the surgeon was negligent in his removal of a PEG tube and in the subsequent follow-up care that he provided. The Plaintiff went on to…
Read articleUPDATE: In September 2016, the Kentucky Court of Appeals held that PIP insurers cannot deny such benefits based solely on independent medical reviews. In Houchens v. GEICO (2014-CA-002017), the Court of Appeals reversed a summary judgment in favor of GEICO, which had used “paper reviews” from retained physicians to terminate no-fault benefits for two claimants. It reasoned that Kentucky…
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