Justin Schaefer and Christopher Jacovitch recently obtained a dismissal of a plaintiff’s 42 U.S.C. § 1983 excessive force claims brought against various officials and employees of the Floyd County, Indiana Jail in a case brought in federal court in the Southern District of Indiana. The Plaintiff claimed that he had been subjected to excessive force…
Read articleIn December 2019, Justin Schaefer obtained summary judgment in the Henderson Circuit Court on claims against the City of Henderson and the City of Henderson Civil Service Commission. The claims arose after an employee was terminated, following a hearing, from her position as a 911 operator due to allegations that she was intoxicated on the…
Read articleIn October 2019, Terri E. Boroughs and Chapin Elizabeth Scheumann obtained Summary Judgment on behalf of a hospital in a medical negligence and vicarious liability matter. The Plaintiff claimed that a traveling nurse who cared for her during her hospital admission had given her medication prescribed for other patients in order to incapacitate her and…
Read articleIn October 2019, Justin Schaefer and Christopher Jacovitch obtained a dismissal with prejudice of a plaintiff’s 28 U.S.C. § 1983 excessive force and failure to intervene claims brought against the City of Henderson, Kentucky, Sergeant Stuart O’Nan, Officer Kyle Stone, and Officer Cody Griffith. The claims arose after the plaintiff was shot by an officer…
Read articleIn September 2019, Justin Schaefer and Chapin Elizabeth Scheumann successfully obtained a dismissal with prejudice of a Plaintiff’s appeal of an award of summary judgment, which Mr. Schaefer and Mrs. Scheumann had obtained on behalf of a private utility company sued in Clark County (IN) Circuit Court for negligence arising out a trip and fall…
Read articleIn May 2019, Blake Edwards and Kelsey Caudill obtained Summary Judgment in Jessamine Circuit Court on behalf of a construction company that was sued by a subcontractor’s employee, who was injured while working on the construction company’s premises. The Court ruled that the construction company was the injured worker’s “statutory employer,” and was therefore entitled…
Read articleIn March 2019, Blake Edwards and Kelsey Caudill obtained Summary Judgment in Daviess Circuit Court on behalf of an insurance carrier that was sued for uninsured motorist (UM) benefits. The Plaintiff alleged that he struck a load binder on the highway that had fallen off an unknown vehicle, which caused him to wreck. The Court…
Read articleIn February 2019, Deanna M. Marzian Tucker and Christine D. Campbell successfully defended the appeal of summary judgment entered in favor of their client by Jefferson Circuit Court. At issue was whether the trial court erred in granting summary judgment to a bowling alley where the plaintiff fell when crossing the foul line, and erred…
Read articleIn December 2018, Deanna M. Marzian Tucker successfully defended the appeal of summary judgment entered in favor of her client in Jefferson Circuit Court. At issue was whether exculpatory language in a snow removal contract precluded claims for indemnity and breach of contract. The Kentucky Court of Appeals affirmed the entry of summary judgment in…
Read articleIn September 2018, Richard Schiller and Chapin Elizabeth Fausel obtained Summary Judgment on behalf of a pain management physician who was sued in Jefferson Circuit Court for medical negligence arising out of a pain pump procedure. Plaintiffs’ expert surprisingly testified that the physician defendant did not breach the applicable standard of care. The Court granted…
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