Kentucky Trial Court Review The Most Current and Complete Summary of Kentucky Jury Verdicts

January 2007 Published in Louisville, Kentucky 11 K.T.C.R. 1

Comprehensive Statewide Jury Verdict Coverage Civil Jury Verdicts Complete and timely coverage of civil jury verdicts including circuit, division, * * * The Book is Back - The Ninth Edition Has Arrived * * * presiding judge, parties, case number, Also Available in a PDF Format attorneys and results. Order The KTCR 2006 Year in Review Medical Negligence - Plaintiff suffered complications after a sponge Another year has passed and around here, that means it’s time to ship out was left behind during a hysterectomy the 2006 Year in Review Volume. The 2006 edition, the ninth in the series, is the – pain and suffering valued in best ever, topping out at more than 500 pages. This year it is available not just in Lexington at $1.5 million the print edition, but also separately as a PDF file. [Search the entire document Hammons v. Central Baptist Hospital, from your computer. No more carpal tunnel claims sifting through the pages.] 05-0746 Both versions, with different utilities, cost the same. Plaintiff: J. Robert Stansbury, Law Besides all the jury verdicts, readers have access to nine years of Offices of Robert Stansbury, London encyclopedic data on medical verdicts, car wrecks, slip and fall trials, bad faith Defense: Benny C. Epling, II, Jenkins and on and on. Need data on consortium? It’s in the Book. Punitive damages? Pisacano & Robinson, Lexington Ditto. If it’s important to lawyers that try or settle civil tort cases, it’s in the Book. Verdict: $1,749,289 for plaintiffs Don’t guess the value of a case or a particular claim. Circuit: Fayette, J. Clark, 12-19-06 Helen Hammons, then age 65, Read the Book and know what it’s worth. underwent a hysterectomy on 6-7-04 at See page three for more details Central Baptist Hospital – it was performed by Dr. Helle Bradley. Following the procedure, Hammons Order the KTCR 2006 Year in Review returned to Bradley complaining of Just $225.00 plus tax ($238.50 for KY residents) abdominal pain. Diagnostic tests were ordered and they revealed a sponge had been forgotten in the first surgery. Call us toll-free at 1-877-313-1944 to pay by credit card or A month later, Hammons underwent a simply complete the order form in this issue. second surgery to remove the sponge. Despite the removal, she continues to Now Available in Print Edition and PDF Format complain of pain, but most troubling, frequent bowel movements. She describes having from six to eight every day. In this lawsuit, Hammons sued the hospital and alleged negligence in day, Hammons took her medicals and leaving the sponge behind. It admitted - In an unusual lost wages as claimed plus $1.5 million Auto Negligence fault for the incident. Plaintiff claimed case, the plaintiff suffered a broken for suffering. Her husband took her medicals of $48,164, plus $1,125 in hip when struck by a driver who fled $200,000 more for his consortium lost wages. Her suffering was capped at the scene – in this lawsuit, she targeted interest, the verdict totaling $1,749,289. $3,000,000 – her husband, Ray, sought a used car dealer, who had only Ten days post-trial, no judgment had $200,000 more for his consortium recently sold the vehicle to the evading been entered. interest. driver and title had not yet The record indicates the hospital made Central Baptist’s concession of fault transferred a pre-trial offer of judgment of $250,000 simplified the trial. It was left to defend Matheny v. Carter’s Auto Sales, 04-1007 to resolve the case. The hospital has also damages and in that regard, it identified a Plaintiff: Brian S. Katz, Paducah moved to conduct juror interviews, a Nashville surgeon, Dr. Alan Herline. Defense: E. Frederick Straub, Jr. and notion the plaintiff has resisted. Herline, (a former NFL punter as well), James R. Coltharp, Jr., Whitlow Roberts minimized plaintiff’s injuries and any Houston & Straub, Paducah long-term residual effects from the Verdict: $190,444 for plaintiffs sponge snafu. Circuit: McCracken, J. Hines, Tried on damages only for a single Kentucky Trial Court Review January 2007 Table of Contents

Verdicts Supreme Court Tort Opinions Jefferson County Sovereign Immunity - A police officer is not immune when he leaves Auto Negligence - Tibial plateau fracture - $185,386 p. 5 the key in the ignition in his unattended cruiser (a statutory violation) Fraudulent Inducement - Brother alleged fraud by his sister in and a prisoner in the backseat gains control of the cruiser and crashes a commercial transaction - $532,000 p. 7 into the plaintiff p. 11 Auto Negligence - Minor MVA/Soft-tissue injury - Threshold p. 8 Uninsured Motorist - In interpreting this specific UM policy, an Negligent Misrepresentation - Homeowners alleged they were unidentified hit and run vehicle is not excluded – Lambert wrote that falsely promised that a forested area near their subdivision was as the driver could not be located, no insurance policy “applied” at a protected reserve - $18,500 p. 9 the time of the accident and thus plaintiff had satisfied her UM proof Auto Negligence - Soft-tissue rear-ender - $14,873 p. 11 burden p. 12 Fayette County Uninsured Motorist - While it is required that an insurer provide UM Medical Negligence - Plaintiff suffered complications after a coverage, that coverage is extinguished when the plaintiff rejected sponge was forgotten in a hysterectomy - $1,749,249 p. 1 that coverage by checking a box on her insurance application p. 12 Auto Negligence/UIM - Suffering in a soft-tissue case was Early Forecasting at the Supreme Court p. 12 valued at $5,000 – UIM carrier not implicated - $27,983 p. 6 Discretionary Review at the Supreme Court p. 13 Car Repair Negligence - A Cadillac burned, the fire starting because Court of Appeals Tort Opinions of a purportedly negligently performed repair - Zero p. 9 Premises Liability - A landlord owes no duty to a resident regarding Auto Negligence - $1,000 was the suffering award for a an open and obvious condition p. 13 purported seizure disorder - $5,820 p. 10 Verdicts Revisited McCracken County Auto Negligence - While it was error to permit an ex-wife to Auto Negligence - Plaintiff sustained a broken hip in a right of testify about a confidential marriage communication (that the way crash - $190,444 p. 1 plaintiff had an affair), the error was harmless and a threshold Henry County verdict was affirmed p. 13 Medical Negligence - A juror faulted a family doctor for missing Bad Faith - In a bad faith case arising from a property damage a gastric ulcer, also returning a verdict form that exonerated dispute, the trial court was affirmed in reducing an award of him- $173,990 p. 4 punitives from $150,000 to $15,000 p. 14 Federal Court - Paducah Notable Out of State Verdicts p. 14 Truck Shipping Negligence - A trucker passed out after exposure to C02 and suffered a paralyzing injury - Zero p. 5 Boyd County Premises Liability - Plaintiff slipped at a truck stop - $8,936 p. 5 Medical Negligence - A cardiac surgeon was criticized for even attempting a repair surgery on the plaintiff’s fragile heart - Zero p. 10 Hardin County Auto Negligence/UIM - Plaintiff suffered a foot and sternum fracture in an interstate crash - $82,748 p. 6 Floyd County Premises Liability - An elderly patron at the Jenny Wiley theater tripped and fell - Zero p. 6 Truck Negligence - A coal truck tipped in a curve and landed on top of the plaintiff’s car - $101,567 p. 10 Federal Court - Ashland Employment Retaliation - The new county clerk fired deputy clerks who had supported her opponent - Zero p. 7 Lee County UIM - Mild brain injury – suffering - $70,000 - $98,924 p. 8 Federal Court - Covington Jones Act - A deckhand sustained a back injury - For plaintiff p. 8 Rowan County Surveyor Negligence - Plaintiff relied on a survey and trespassed on his neighbor’s land – after being sued by the neighbors and settling that case, plaintiff sued the surveyor - Zero p. 9 The KTCR 2006 Year in Review

Available in both a Print and PDF Format (Adobe)

Another year has passed and the one-of-a-kind text Kentucky litigators have relied upon since 1998 is back with its ninth edition. At more than 500 pages, the KTCR 2006 Year in Review includes the complete verdict summary from every reported case in 2006, statewide from Paducah to Pikeville, Covington to London and all points in between. Beyond the full text of the 300 verdict summaries, the Year in Review has all the reports that makes the individual cases useful – even better for this year, all the reports bring together nine years of data in an encyclopedic format. What else is included in 2006?

Combined Verdict Summary Detailed won-loss percentages for every variety of case with average results by category.

Million Dollar Verdicts How many were there in 2006? In what sort of cases were they returned? The report also summarizes all 127 million dollar results since 1998.

The Bad Faith Report Since 1998, Kentucky has featured twenty-five bad faith results. This year’s report summarizes each verdict in detail.

The Products Liability Report Nine years worth of products verdicts – we’ve chronicled a total of 63 since 1998, including seven this year. Who won? Who tried the cases? Verdicts by defect? It’s all in the Products Liability Report.

Other One-of-A-Kind Analysis Beyond the articles above, the 2006 Book has a detailed review of all the death cases. Does your case involve punitives? We’ve got all the results since 1998 sorted by tortious conduct. How have loss of consortium claims been valued? Are you aware of the Consortium Rule? It’s in the Book. (New in 2006 are the Dram Shop Report and the Miscellaneous Injury Report.)

For more details on the 2006 Book, see samples online at Juryverdicts.net/kentuckytrial.htm If it’s important to litigators, It’s in the Book

How to Order The 2006 Volume is just $225.00 (Ky residents add 6% sales tax - $238.50)

Return with your check to: ______Kentucky Trial Court Review Name 9462 Brownsboro Road, No. 133 Louisville, KY 40241 ______Address Print Version ______City, State, Zip PDF Version ____ (E-Mail Required)

Your E-Mail ______

We accept MasterCard/Visa. Call 1-877-313-1944 to place your credit card order. Have you procrastinated? Do you need the book yesterday? We can ship it overnight for $20.00. Even faster? Got a problem with Federal Express? We can e-mail it immediately for free!! January 2007 11 KTCR 1 4

12-6-06 As the jury deliberated, it asked the manageable condition. Quite simply, it There was a car crash on 8-25-04. court a question that got to the heart of was present for several months and Shawn Haley, it is believed, crashed his the matter. The court had excluded any White just missed it. In fact his van into a vehicle driven by Patricia explicit mention that a finding about permitting Bradley to keep taking aspirin Matheny. It was a moderate collision. ownership would implicate Carter – the exacerbated the ulcer. He was also Patricia was seriously hurt, sustaining a jury then asked what would be the effect criticized regarding the referral, looking disabling hip injury. Despite two repair of a finding regarding title against the just for diverticulitis – that referral led surgeries, she now ambulates with a dealership. The court didn’t answer. only to an upper GI scan, when a lower cane. Her husband, Kenneth, a Pending is a defense motion for a new GI test was needed. passenger, suffered a soft-tissue injury. trial that has argued the verdict was Plaintiff’s liability expert was Dr. Haley ambulated just fine and fled the against the weight of the evidence, Blanche Borzell, Internist, Watkins scene of the crash. He later pled guilty Carter having taken steps to transfer Glen, NY. If Bradley prevailed, she to that charge. By the time his case title. sought her medicals and lost wages, came to trial, he was in jail on other respectively of $4,604 and $7,987, plus charges. His testimony was preserved Medical Negligence - A family $750,000 for pain and suffering. by deposition. Despite his plea, Haley doctor was blamed for missing signs White defended the case that he would later testify he wasn’t driving the of a gastric ulcer – because of the carefully and properly followed van, a friend having taken it without his delay, it was alleged, the ulcer invaded Bradley’s condition, her symptoms being permission. That matter became plaintiff’s pancreatic artery, leading consistent with gastritis, not an ulcer. ancillary when the court directed a to a nearly fatal catastrophic bleed He also cited non-compliance by verdict against the pro se Haley. Bradley v. White, 04-0001 Bradley as a factor in her injuries. The key question in this case turned Plaintiff: Kirsten Daniel, Seiller Defense experts were Dr. John Lach, on the title of the Haley van. Just a Waterman, Louisville and Gerald S. Family, Louisville and Dr. Whitney month before the wreck, he had Leeseburg, Leeseburg & Valentine, Jones, Gastroenterology, Louisville. purchased it from Carter’s Auto Sales. Columbus, OH The case was tried from a Tuesday to However in that intervening month, title Defense: James P. Grohmann, O’Bryan a Friday – the jury then deliberated until had not been transferred. Plaintiff sued Brown & Toner, Louisville late in the evening on Friday. No verdict Carter’s Auto Sales and alleged two Verdict: $173,990 for plaintiff assessed was reached. The court brought the jury theories, (1) negligent entrustment, and 25% to White (Despite this interrogatory back on Monday morning. then vicariously, (2) if title wasn’t finding, the jury also completed a After three more hours of transferred, then the dealership’s verdict for White) deliberations, a verdict was reached. In insurance would be responsible to the Circuit: Henry, J. Conrad, 12-4-06 the interrogatories, the jury found both extent of its limits. Sarah Bradley, then age 41, was a White and the plaintiff negligent. That The dealership defended the case that patient since 1997 of Dr. Steven White, fault was assessed 25% to the doctor, the it had given the transfer paperwork to a general practitioner in Campbellsburg. remainder to Bradley. Haley – although Haley denied this, the Beginning in the fall of 2002, Bradley Then to the verdict forms, the jury paperwork was found in the van a month began to report abdominal symptoms. unanimously signed both the form for later at a salvage yard. It also White linked them to gastritis and White and Bradley. In completing the diminished the claimed damages. prescribed Nexium. form for Bradley, she took her medicals As the case concluded, the court This regimen of care seemed to and lost wages as claimed, plus directed a verdict against Haley on provide some temporary relief. As 2002 $125,000 for suffering. The raw verdict liability – it also directed a verdict for ended, Bradley’s symptoms continued. totaled $173,990, or $43,497 less Carter’s Auto Sales on negligent White made a referral to a comparative fault. entrustment. Thus the jury would only gastroenterologist in December for However as the verdict was returned, consider the ownership issue as it diverticulitis – still Bradley continued to if anyone noticed the apparent implicated the dealership’s insurer, have pain, that doctor not finding the inconsistency (finding both for and Empire Fire & Marine, not any tortious cause of the problem. against the doctor), no one spoke up. conduct by the dealership on its own. The nature of the problem revealed Nearly a month later, neither a judgment As it turned out, the jury concluded itself in January. Bradley began to bleed had been entered nor had post-trial that ownership had not been transferred. profusely, it being learned she had a motions been filed. That finding then placed the dealership’s gastric ulcer that had spread and invaded Ed. Note - In the history of the KTCR, insurer on the hook. Moving to her pancreatic artery. Her condition was stretching to 1997, this is the first time damages, Patricia took her medicals, grave, but she underwent three surgeries this question has arisen. That is, the jury future medicals and lost wages as and had portions of her stomach completed interrogatories finding fault, claimed, but nothing for impairment. removed. While Bradley recovered, she assessing fault and awarding damages, Her suffering was valued at $100,000, continues to complain of pain and but it then completed inconsistent her verdict totaling $175,885. Her scarring – her diet is also affected. verdict forms. husband also took his medicals of Bradley sued White and alleged What are the options for the court? $14,556, but nothing for his suffering or negligence by him in failing to diagnose The first and most obvious is to perhaps consortium. A consistent judgment the gastric ulcer when it was a still a fully read the verdict before releasing the followed. jury – in this case, apparently everyone January 2007 11 KTCR 1 5 got excited about the award and didn’t at all times, French had a turn arrow. Finally causation regarding the exposure, focus on the details. [There is a The verdict on liability was for Bohn, the fall and the stroke were developed by coounter-argument that the jury’s the jury finding French 100% at fault. a neurologist, Dr. James Metcalf, verdict, whether inconsistent or not, is Then to damages, he took his medicals Paducah. complete once returned.] as directed by the court, plus $25,000 for ConAgra defended the case and Now facing this predicament, again impairment. Suffering was $150,000, denied the load was improperly prepared the question, what can the judge do? the verdict totaling $185,386. A in any regard. It also disputed the injury The judge might first enter an order of consistent judgment followed. in a bit of a chicken and the egg theory. trial and judgment that reflects what While deliberating, the jury asked two That is, the spinal cord stroke wasn’t a happened and wait for motions by the questions: (1) Can we have a copy of the result of the fall, but rather the cause of parties. police report, and (2) Can you define the it. Then having received the motions, she “loss of power to earn money?” There was proof that Knous had could rule by fiat and reconcile the Montano didn’t answer either query. amphetamines in his system (the incident verdict forms with the intent of the jury. occurred at 2:00 in the morning), the In this case, there was certainly an intent Truck Shipping Negligence - A stroke being linked to that drug use. to find against White, the jury doing trucker shipping frozen chickens [Knous denied using drugs.] His both in the fault and comparative fault passed out after an exposure to C02 in credibility was diminished in part as he interrogatories. We also think there are the form of dry ice, then falling from is a convicted persistent felony offender. two other options: (1) she could his truck and suffering a paralyzing The jury verdict on liability was for interview jurors, or (2) simply declare a injury – he blamed the chicken ConAgra and the plaintiff took nothing. mistrial. shipper, a food conglomerate, for A defense judgment followed. exposing him to the dry ice Auto Negligence - The plaintiff Knous v. ConAgra Foods, 5:04-102 Premises Liability - Plaintiff sustained a tibial plateau fracture in a Plaintiff: Thomas L. Osborne, Osborne sustained a disc injury in a truck stop disputed red light crash – pain and & Harris, Paducah slip and fall – the jury, considering a suffering was valued at $150,000 Defense: Kerry D. Smith, McMurry & pre-Lanier notice instruction, found Bohn v. French, 05-5854 Livingston, Paducah fault and awarded special damages, Plaintiff: David C. Travis, Travis & Verdict: Defense verdict on liability but rejected pain and suffering Herbert, Louisville Federal: Paducah, J. Russell, 11-30-06 Bustetter v. Flying J, 05-47 Defense: James P. Dilbeck, Dilbeck Edward Knous was a long-haul Plaintiff: William C.O. Reaves, Myers & Harris, Louisville trucker and on 10-31-03, he picked up a Ashland Verdict: $185,386 for plaintiff load of frozen chickens from the Defense: William H. Wilhoit, Wilhoit Circuit: Jefferson, J. Montano, ConAgra plant in Mayfield. He first Law Office, Grayson 12-7-06 opened the door on the trailer to inspect Verdict: $8,936 for plaintiff less 60% There was a red light crash in his load. Standing there just fifteen comparative fault Louisville on 10-21-03 at the seconds, he felt a little dizzy from the Circuit: Boyd, J. Hagerman, 11-7-06 intersection of Whipps Mill Road and C02 fumes that were emitted from dry Lewis Bustetter, then age 42 and a New LaGrange Road. The defendant, ice. Still he began his journey, heading trucker, stopped on 1-18-04 at the Flying Linda French, elderly and since on to Chattanooga. J in Cannonsburg. Inside the truck stop, deceased, alleged she had a green turn Knous never made it. He was not he stepped across the floor to grab a arrow that permitted a turn. Adam feeling well and pulled off at a truck bottle of water from a cooler. The floor Bohn, then age 32, approached from the weigh station in Lyon County. Stepping was wet and Bustetter slipped. opposite direction. from his cab, Knous lost consciousness. He has since complained of an L4-5 Bohn too believed he had a green light He fell some six to eight feet from his disc injury as confirmed by Dr. Douglas that permitted him to pass through the cab to the asphalt below. In that fall, Deitch, Neurology, Ashland. Bustetter’s intersection. French turned in front of Knous sustained a significant T7-8 medicals were $5,686 and he sought lost Bohn and a moderate collision resulted. fracture. Because of the fracture, he wages of $6,503. Impairment was In the wreck, Bohn sustained a tibial sustained a spinal cord stroke, which in $15,000, plaintiff seeking $6,413 for plateau fracture. He remained turn caused permanent paralysis. future care. Finally the jury could award hospitalized for four days and thereafter The liability theory in this diversity $41,000 for suffering. Bustetter’s as the injury healed, he progressed from case blamed ConAgra for the initial C02 liability theory was critical of the wet a wheelchair to a walker. His medical exposure and then the resulting injury. floor hazard, there being no warning. bills were $10,386 and he sought Plaintiff’s theory was that ConAgra Flying J defended and cited that at the $50,000 for impairment. Pain and knew of the danger of the dry ice (its time of the fall, an employee had been suffering was limited to $300,000. knowledge being superior to his) and mopping and the floor was wet. Bohn sought damages from French in that it should have warned him and kept However before falling, Bustetter had this lawsuit – a simple theory from his the doors on the trailer locked. stepped over the bucket to reach the perspective, Bohn had the light and A truck safety expert for plaintiff was cooler – the bucket itself put the plaintiff French ran it. Before the case could be Roland Brown, Navarre, FL – the on notice, it explaining clearly that the tried, French died. Her estate took up toxicology of the C02 was described by floor was wet. the defense and continued to posture that Henry Holtzman, Pipersville, PA. Both fault and damages were also diminished, the Flying J explaining that January 2007 11 KTCR 1 6 after the fall, Bustetter purportedly Hill moved first against Jankowski last chair (the temporary folding chair) remarked, “I’m fine, it’s just that these and her $50,000 limits – that claim was and set her purse down. When she went darn cowboy boots are hard to walk in.” settled for $45,000. Hill’s UIM carrier, to get it again, the chair scooted. Sadler A defense expert, Dr. Joseph Zerga, State Farm, advanced that sum and fell backwards and landed on her knees. Neurology, Lexington, linked plaintiff’s entered the litigation directly. Thus at Initially she believed she was okay. symptoms to degenerative conditions. trial, Hill sought to exceed the UIM But back home again in Boyd County, The court’s instructions were unusual floor against State Farm – Jankowski Sadler continued to complain of knee (at least in the post-Lanier regime), continued to participate pursuant to the pain. She later underwent an requiring plaintiff to prove that the duty to defend and in response to State arthroscopic surgery that was performed defendant should have anticipated Farm’s cross-claim. The defense of the by Dr. George Aitken, Orthopedics, plaintiff won’t notice the wet floor and case was two part, (1) damages were Ashland. Despite that surgery, the once because of the wet condition, it was not diminished, and (2) plaintiff was blamed active Sadler is now limited, ambulating reasonably safe. The jury answered for for her look-out, the defendants noting with a walker and a cane. Bustetter under this instruction – it also she rear-ended the stopped van. She pursued a tort lawsuit against found him at fault. That fault was Fault was mixed at trial. It was Jenny Wiley, alleging negligence apportioned 50% to the Flying J, the assessed 55% to the tortfeasor, the regarding the placement of the remainder to Bustetter. remainder to plaintiff. Then to damages, temporary folding chair. It was noted Then to damages, plaintiff took his Hill took her medicals as claimed, plus that of the 580 chairs in the dark medicals as claimed, plus $3,250 for lost $15,000 for future care. Lost wages amphitheater, there was just a single wages. Future care, impairment and were $9,237, Hill taking $4,800 for white folding chair. She thought its suffering were all rejected , the raw those in the future. placement represented a deviation from verdict totaling $8,936. A judgment less Impairment was rejected, while the standard of care. If Sadler prevailed, comparative fault was entered for suffering was valued at $35,000. The she sought her medicals of $52,997, plus $3,574, the Flying J satisfying it. There raw verdict totaled $82,748. However uncapped sums for future care and were no post-trial motions. less the underlying limits, PIP and suffering. comparative fault, it was not enough to Jenny Wiley defended the case and Auto Negligence/UIM - The exceed the $50,000 floor of UIM denied fault in placing the extra chair. It verdict less comparative fault for a coverage. A consistent judgment focused that the regular stadium chairs plaintiff with a broken foot and dismissed the plaintiff’s claim and sorted were red and that this chair (the one that sternum was not enough to implicate out the respective cross-claims. scooted) was white. Damages were also the UIM limits in this Coots-advance diminished. case Premises Liability - An elderly The court’s instructions required Hill v. Jankowski et al, 03-1299 theater patron fell when a folding Sadler to prove notice, that is that the Plaintiff: John K. Carter and David chair shifted and she sustained a knee condition of the chair existed long Thompson, LaGrange injury enough that Jenny Wiley should have Defense: Wm. Clifton Travis, Travis & Sadler v. Jenny Wiley Drama discovered it. In the post-Lanier world, Herbert, Louisville for Jankowski Association, 04-0790 Sadler could not meet the burden and the Deborah Campbell Myers, Dilbeck Plaintiff: Garis L. Pruitt, Pruitt & defense prevailed on liability. Nearly a Myers & Harris, Louisville for State Thorner, Catlettsburg month later, no judgment had been Farm Defense: Henry E. Kinser and Dustin J. entered. Verdict: $82,748 for plaintiff less 45% Calhoun, Wyatt Tarrant & Combs, comparative fault Lexington Auto Negligence/UIM - Suffering Circuit: Hardin, J. Coleman, Verdict: Defense verdict on liability from a soft-tissue injury in this Coots- 11-17-06 Circuit: Floyd, J. Caudill-2, 12-5-06 advance UIM case was $5,000 – the Terry Jankowski traveled on I-65 near On 8-14-03, Hazel Sadler, then age 85 total verdict ($27,983 less PIP) was Elizabethtown on 4-9-03. On the rainy and the widow of a minister, visited the not enough to trigger the $25,000 interstate, her vehicle hydroplaned. Jenny Wiley State Park to see a floor of UIM coverage Jankowski crossed the median and performance of Big River with her Thomas v. Brown et al, 06-0005 collided with a van. A second later, church. The show went on at an outdoor Plaintiff: Thomas K. Herren, Herren & Angela Hill, then age 33, rear-ended the amphitheater operated by a non-profit, Adams, Lexington stopped van. It was a moderate impact. the Jenny Wiley Drama Association. Defense: Mark J. Hinkel, Landrum & Hill sustained a mid-foot fracture – a It was a big crowd and to Shouse, Lexington for Brown significant injury, it was surgically set accommodate Sadler’s church group (so Thomas L. Travis, Clark & Ward, with pins. She also broke her sternum they could all sit in the same row), an Lexington for Auto-Owners Insurance and sustained a soft-tissue shoulder extra folding chair was added at the end Verdict: $27,983 for plaintiff injury. Her medicals were $18,711 and of the second row. The folding chair Circuit: Fayette , J. Clark, 12-13-06 she sought $18,500 for future care. Lost was white – the rest of the chairs were Wanda Thomas, then age 55, stopped wages were $14,186 (Hill is a red and were permanent. for a red light in Lexington at the respiratory therapist) and future lost At the conclusion of the show and intersection of Georgetown Street and wages were $15,600. Impairment was while the lights were still dim, Sadler Roosevelt Boulevard. As Thomas came limited to $184,481, while suffering was started to exit down her row. Coming to to a stop, she was rear-ended by capped at $292,000. the end of the row, Sadler stopped at the Wilmore Brown. Brown defended the January 2007 11 KTCR 1 7 wreck, blaming a sudden stop by Louisville begun filing a flourish of non-wage Thomas. Defense: Craig C. Dilger and Justin D. garnishments against Jett and KPR. However it happened, there was an Clark, Stoll Keenon & Ogden, Louisville impact and Thomas was taken to the ER Verdict: $532,000 for plaintiff Employment Retaliation - The at St. Joseph where she treated for a soft- Circuit: Jefferson, J. Montano, newly elected county clerk fired three tissue injury. She has since complained 9-21-06 deputies who had not supported her of radiating neck pain, linking her Many years ago Leo Shircliff founded candidacy symptoms to having struck the headrest a company called Kentucky Petroleum Conlin et al v. Boyd County Clerk, during the impact. Recycling (KPR) – as its name implies it 0:03-30 Dr. Sara Salles, Physical Medicine, recycles oil products from commercial Plaintiff: Michael J. Curtis, Ashland Lexington, linked plaintiff’s symptoms enterprises. Two of Leo’s children, Defense: Phillip Bruce Leslie, to myofascial pain. The incurred Charles and Denise Shircliff Jett, entered McBrayer McGinnis Leslie & Kirkland, medicals were $14,983 and Thomas the family business. Charles, with the Greenup sought $150,000 for future care. She company for twenty-plus years, struck Verdict: Defense verdict on liability also sought $100,000 each for past and out on his own in 1992. Federal: Ashland, J. Bunning, 12-7-06 future suffering. He started his own company and sold Patty Conlin, Teresa Caudill and Procedurally Thomas first moved it five years later. For five more years, Cheryl Fields (the plaintiffs) were against Brown. He offered his $25,000 Charles was encumbered by a non- longtime deputy clerks with the Boyd policy limits. Plaintiff’s UIM carrier, compete. By the fall of 2002, Charles County Clerk. In the fall of 2002, the Auto-Owners Insurance, advanced those was ready to rejoin the industry. He met seat was open. Doris Hollan ran to fill limits and stepped in to defend. Brown with his sister and a deal was struck. it. The plaintiffs did not support Hollan remained at trial pursuant to the duty to Charles would invest some $250,000 and openly supported her opponent. defend – however for plaintiff to prevail, in KPR – the company then would That this was not a good career move she had to exceed the $25,000 floor of provide him a salary and make him a (should the election go the wrong way) coverage plus PIP. The case then was part-time owner. Things fell apart and was first forecast after an October 2002 defended on fault as noted above – Charles was fired in October of 2004. fundraiser for Hollan. Held at a damages were also diminished, Thereafter he pursued this action Ponderosa steakhouse, the plaintiffs photographs showing very minor against his sister and KPR, alleging he didn’t come. Following their absence, damage. was fraudulently induced to rejoin the there were rumors they’d be sacked if This jury first resolved fault for company. That is, his sister falsified Hollan won. Thomas, finding Brown solely at fault. their agreement (removing a page that Hollan did win the election and took Then to damages, she took her medicals contained the company’s consideration) office in January of 2003. On their first as claimed, plus $8,000 for future care. – Charles then relied on the inducement day of work in January, the three Past suffering was $5,000, while that in with expectations of sharing in bonuses plaintiffs were not reappointed. Hollan the future was rejected. The verdict if certain targets were met. The targets explained the three plaintiffs were just totaled $27,983, but less PIP, it was not were met and no bonus materialized. not good workers. enough to implicate the insurer’s Thus it was the plaintiff’s argument that The plaintiffs thought something coverage. A defense judgment followed. his sister owed $532,000 in lost profits – different was afoot. In this federal Deliberating the case, the jury had those were purported to be profits lawsuit, it was alleged that they were not questions for the court. It asked: Once Charles would have earned had he reappointed because of their political plaintiff receives any payment, is there started on his own in 2002 instead of opposition to Hollan’s candidacy. If any oversight as to how she spends the joining KPR and bringing his abilities prevailing, plaintiffs could be awarded money? They further queried: Is there a and contacts to that entity. lost wage damages of approximately guarantee she will spend it on future Sister defended this case and denied $30,000. Hollan defended as above – medicals? The court told the jury those there was any false inducement. In fact, the failure to reappoint was all about matters were not for it to consider. she thought Charles was paid everything performance, the election having nothing he was owed – he was fired, the defense to do with it. Fraudulent Inducement - In a theory went, because of misconduct. The verdict was mixed, but ultimately commercial dispute between brother Finally sister thought the damage claim for the clerk. The jury first found that a and sister, brother alleged sister was absurd, there being no proof Charles substantial or motivating factor in the induced him to forego another had lost anything. [She noted in this failure to appoint was the exercise of profitable opportunity to rejoin the regard that the $250,000 loan Charles First Amendment rights. Continuing family business – then several years secured was paid back.] however the clerk prevailed, this jury later, she kicked him out of the The fraudulent inducement theory was further finding that the clerk had proved business, the brother then suing to resolved for the plaintiff. Charles then she wouldn’t have reappointed the recover the profits he would have took the $532,000 in lost profits he had plaintiffs for non-political reasons. earned had he struck out on his own claimed. A defense judgment was Three weeks post-trial, no judgment Shircliff v. Kentucky Petroleum entered for him. had been entered. While deliberating Recycling et al, 04-9558 Denise moved for JNOV relief this federal jury went to Bunning with Plaintiff: Stuart E. Alexander, III and arguing there was no evidence Charles the following concerns: We are stuck on William J. Walsh, Tilford Dobbins lost anything. The motion was denied. substantial and motivating being in the Alexander Buckaway & Black, Jett has appealed. Charles has also same sentence. If the court replied, that January 2007 11 KTCR 1 8 reply was not made part of the court insurer also diminished the claimed that there was no injury event, nothing record. injury, relying on a neurologist IME, Dr. being reported at the time. It thought the Ed. Note - Didn’t the court’s Russell Travis, Lexington. [Plaintiff’s plaintiff had simply sustained a instructions invite this inconsistent counsel thought little of the expert and temporary strain injury while performing result, that is, the speech by the plaintiffs referred to him as a scoundrel.] his ordinary duties. It thought the disc was a substantial or motivating factor in The jury in this case found the injury was related to degenerative the decision not to reappoint, but by tortfeasor solely at fault. Then to conditions. This version of the proof contrast, the jury also found they would damages, Brandenburg took his medicals contrasted with Martie’s presentation have been fired anyway. Which was it? as claimed, plus $5,000 for future care. that he was a disabled seaman. Fired because of their speech or other He also took $20,000 and $50,000, This case was tried to a jury on fault reasons? The jury concluded it was a respectively for past and future issues only. Martie prevailed on both case of mixed motives. suffering. The verdict totaled $98,927. the Jones Act and seaworthiness claims. The court entered a judgment for the The court entered a consistent judgment Underinsured Motorist - plaintiff for $50,000 (Farm Bureau’s and has ordered the parties to mediation. Suffering from neck pain and limits), representing the verdict less PIP symptoms of a mild brain injury were and the $25,000 underlying limits. Auto Negligence - Plaintiff valued in Beattyville at $70,000 Farm Bureau sought post-trial relief, sustained a minor injury when the Brandenburg v. Farm Bureau, 02-0197 arguing the verdict was the result of defendant backed out of a bar and Plaintiff: Thomas P. Jones, Beattyville passion and prejudice – it suggested the into plaintiff’s path Defense: Guy R. Colson, Fowler jury had disregarded proof the plaintiff Reid v. Cerami, 05-8842 Measle & Bell, Lexington was speeding. The motion was denied. Plaintiff: Michael A. Schaefer, Verdict: $98,924 for plaintiff Farm Bureau appealed. The Court of Louisville Circuit: Lee, J. Trude, 12-9-03 Appeals affirmed on 2-11-05, Judge Defense: Curt L. Sitlinger, Sitlinger On 3-30-02, James Brandenburg, then Buckingham with Judge Vanmeter McGlincy Theiler & Karem, Louisville age 73, traveled on West Railroad Street joining him. Judge McAnulty (now Verdict: Threshold verdict in Beattyville. At the same time, Mabel Justice McAnulty) dissented without Circuit: Jefferson, J. Kemper, McKinney backed from a driveway into opinion. Returned to Lee County, Farm 12-6-06 his path. A moderate crash resulted, Bureau satisfied the judgment. On 9-15-03, Yvette Reid, then age 34, Brandenburg broadsiding McKinney. traveled on Dixie Highway. Suddenly Brandenburg’s liability theory was not Jones Act - A deckhand linked a Joyce Cerami backed out of a bar complex – McKinney backed into his disc injury to being forced to carry parking lot and into Reid’s path. A path, leaving him no time to evade. She heavy rigging – tried on damages moderate crash resulted. The police countered that it was clear when she only, he prevailed at trial tested Cerami at the scene for alcohol – started to back out. It was her Martie v. American Electric Power, she passed. suggestion that he was speeding. 2:04-247 Reid has since treated for a soft-tissue Brandenburg countered that he was Plaintiff: Meredith L. Lawrence, injury incurring medical bills of $6,063. going just 15 mph. Warsaw Lost wages were $13,333 and she sought An accident expert for the defense, Defense: Todd M. Powers and Megan pain and suffering of $25,000. In this Jerry Pigman, Lexington, thought C. Ahrens, Schroeder Maundrell action, she sought damages from Reid, Brandenburg’s version was unlikely – if Barbiere & Powers, Cincinnati, OH blaming her for the wreck. traveling just 15 mph, he had plenty of Verdict: For plaintiff Cerami defended and to the wreck, time to stop. Federal: Covington, J. Bertelsman, explained she was distracted after However it happened, there was a 11-29-06 dropping her cigarette. Then to the wreck and Brandenburg has since Paul Martie, then age 41, was working crash, it was Cerami’s position that the complained of neck pain. He has also as a deckhand on the A/V Prentice, a wreck was too minor to cause a suffered from a mild brain injury – once vessel operated by American Electric compensable injury. A threshold active, his children describe that he now Power. He alleged that on 11-10-03 and defense was presented. frequently cries. already with a sore back, he was forced This case was resolved before the jury Brandenburg moved first against to handle heavy rigging. Martie did his reached damages. It returned a threshold McKinney and took her $25,000 policy work as instructed, but it purportedly left verdict for Cerami, Reid taking nothing. limits. Above that sum he sought UIM him disabled with a C6-7 disc injury. A defense judgment followed. coverage from his carrier, Farm Bureau Despite a fusion repair, he has been – its limits would be exhausted at unable to return to work. $50,000. If prevailing, he sought his Martie sued his employer in this Jones medicals of $23,924, plus $10,000 for Act lawsuit, alleging both negligence future care. Suffering, presented in two and seaworthiness claims. The categories, past and future, was not gravamen of his theory was that the ship capped. was understaffed, forcing Martie to do Farm Bureau defended on liability as too much lifting and thereby creating the above, employing Pigman – injury. Brandenburg continued to describe that American Electric Power defended McKinney shot out into his path. The January 2007 11 KTCR 1 9 Car Repair Negligence - A Surveyor Negligence - The Negligent Misrepresentation - Cadillac Escalade caught on fire, the plaintiff trespassed after relying on a Homeowners in a subdivision alleged owners losing personalty – they sued faulty survey – he was later sued and they paid a premium for lots that were the dealership, alleging a faulty repair after settling that quiet title lawsuit next to a protected forest easement – led to the fire (ten years after the survey), he sued several years later they learned the Ball v. Quantrell Cadillac, 04-1120 the surveyor for the purportedly protected forest wasn’t protected at Plaintiff: Jeffrey A. Darling, Darling & negligently performed survey all and it would be developed Reynolds, Lexington Sparks v. Stagg, 02-90322 Gutting et al v. Mareli Development Defense: Peter B. Jurs and Michael P. Plaintiff: Jeffrey N. Lovely, McFarland Corporation, 04-4894 Foley, Rendigs Fry Kiely & Dennis, & Lovely, West Liberty Plaintiff: Bill V. Seiller, Seiller Cincinnati, OH Defense: Earl Rogers, III, Campbell Waterman, Louisville Verdict: Defense verdict on liability Rogers & Blair, Morehead Defense: F. Larkin Fore, Fore Miller & Circuit: Fayette, J. Goodwine, Verdict: Defense verdict on liability Schwartz, Louisville 12-12-06 Circuit: Rowan, J. Maze, 7-31-06 Verdict: $18,500 for plaintiffs Tina and Kerry Ball leased a 2002 In 1992, Emery Sparks of the Big Circuit: Jefferson, J. Conliffe, Cadillac Escalade from Quantrell Caney Creek area of Morgan County, 9-14-06 Cadillac in Lexington. In the first year sought a survey of his property to In 1998, D.R. Horton, a national home they had the car, they made some nine resolve a dispute with neighbors. Sparks development company, acting through a trips to have the cigarette power outlet selected Richard Stagg, a licensed local subsidiary, Mareli Development repaired. They believed after a 2-7-03 surveyor from Morehead to do to the Corporation, began selling lots in an visit that it was finally fixed. work. Okolona-area subdivision, Bridlewood. A month later with the Balls in the The survey was completed and relying Several purchasers of lots (six relevant SUV, along with their infant daughter, on it, Sparks began to plow and to this case), paid a premium of some smoke started to pour out of the lighter. otherwise improve low-lying land he $4,000 to $8,000 for certain lots. The Balls escaped the car, but the thought he owned. His neighbors While the promise was slightly Escalade was a total loss. The plaintiffs disagreed and sued him in a quiet title different, Mareli agents assured the settled a claim with GM that got them action. That Morgan County lawsuit purchasers that for this extra out of the lease. In this lawsuit, they was settled in 2002, Sparks capitulating consideration their lots would abut a sought some $20,000 in personalty that after a second survey contradicted protected watershed that was owned by was lost in the fire – that included cash, Stagg’s original survey. Sparks believed MSD. For all times, this forested area jewelry and luggage. he spent some $20,503 in legal fees and (also called a nature preserve) would The Balls advanced two theories to other expenses to resolve the survey never be developed. Several years later trial. The first went to the repairs, it error by Stagg. the plaintiffs learned the promise was being argued the wrong fuses were used, In this lawsuit, Sparks sought to false – development began and the thereby leading to the fire. Plaintiff’s recover those damages from Stagg, protected forest was no more. mechanic expert was Van Kirk, blaming him for the faulty survey. He The six plaintiffs then instituted this Lexington. also hurdled the considerable statute of lawsuit against Mareli alleging both Originally Quantrell Cadillac limitation question, explaining that he negligent misrepresentation and fraud. prevailed by summary judgment, the waited to sue for two reasons: (1) the [Fraud did not survive to trial.] Thus plaintiffs not replying to the dealership’s quiet title action was not finished yet, there were no punitive damages, the motion. Summary judgment was later and (2) throughout the pendency of the plaintiffs only seeking the diminution in set aside, plaintiff’s counsel citing Morgan County litigation, Stagg the value of their property because of the excusable error by a paralegal that didn’t continued to stand by his first survey. phony promise – that amount open the envelope with the motion. In That was Stagg’s continued position represented the extra amount they had defending the merits, Quantrell Cadillac in this lawsuit – he flatly denied fault. originally paid. Mareli denied the denied the repairs were made That position may have been undercut as misrepresentation. negligently, instead citing a defect with in 1994, the state licensing agency for The verdict on liability was for all six the Escalade. surveyors suspended him for a month plaintiffs – however only four took The multiple repairs, none fixing the and ordered a $2,500 fine, all arising damages, those awards ranging from problem, also formed the basis of a from the botched Sparks survey. $4,500 to $6,000 and all totaling consumer protection claim. If the The court’s instructions were simple, $18,500. A consistent judgment plaintiffs prevailed, they could also be asking if Stagg violated the reasonably followed. awarded punitive damages. competent surveyor standard – the The verdict on liability was for answer was no and Sparks took nothing. Quantrell Cadillac and the plaintiffs took A defense judgment closed this case. nothing. Three weeks later, no judgment had been entered. January 2007 11 KTCR 1 10 Truck Negligence - The driver of a Medical Negligence - A cardio- limited to $1,000,000. While this case coal truck lost control in a curve, his thoracic surgeon was criticized for was originally filed in 1997, it took truck and its load tipping onto the even attempting a coronary artery nearly ten years to go to trial – that delay plaintiffs – the wife, a passenger, was bypass on an elderly patient with an had multiple causes, but included the hurt more seriously, complaining of already weakened heart – in the fact that Reed was insured by the since- persistent neck and shoulder pain procedure, complications developed defunct PIE. Owens v. Danco Trucking, 05-1178 and the plaintiff died Reed defended that the surgery was Plaintiff: Thomas W. Moak, Moak & Holmes v. Reed, 97-0892 properly selected, Holmes was fully Nunnery, Prestonsburg Plaintiff: Michael J. Curtis, Ashland informed and finally that the aorta Defense: John G. McNeill and Evan B. and Walter J. Wolske, Jr., Wolske & problems represented an unforeseeable Jones, Landrum & Shouse, Lexington Barclay, Columbus, OH complication, one which Reed Verdict: $101,567 for Bonnie and Defense: Benny C. Epling, II, Jenkins addressed. The poor result was blamed $22,987 for John Pisacano & Robinson, Lexington not on her care, but rather on plaintiff’s Circuit: Floyd, J. Caudill-1, 11-2-06 Verdict: Defense verdict on liability fragile cardiac condition. Defense It was 9-6-05 and John Owens, then Circuit: Boyd, J. Hagerman, 12-12-06 experts included two cardio-thoracic age 54, was traveling on Ky 979 – his Elva Holmes, then age 68, had a long surgeons, Dr. Geoffrey Graeber, wife, Bonnie, the same age, was a history of heart trouble. By the fall of Morgantown, WV and Dr. Robert passenger. At the same time, Gary Cole, 1996, he had previously undergone open Cordell, Winston-Salem, NC. driving a loaded coal truck for Danco heart surgery. His troubles continued This Catlettsburg jury found that Reed Trucking, approached from the opposite and on 8-9-96, he went to the hospital had not violated the reasonably direction and into a curve. with chest pain. A month later, he saw a competent cardio-thoracic surgeon Cole took the curve wide and he saw cardio-thoracic surgeon, Dr. Laura Reed. standard and it awarded the estate the Owens vehicle approaching – he Reed recommended a coronary artery nothing. A defense judgment followed. shifted back into his lane. However his bypass – she explained to Holmes that rear wheel was nearly dropping off the the procedure had an 8-10% mortality Auto Negligence - In a minor rear- roadway so he shifted back across the rate. Based on these representations, end case, the plaintiff was awarded double-yellow. As he did so, his coal Holmes agreed to undergo the surgery. medicals of $4,820 and $1,000 more truck tipped over, miraculously just Performed on 9-10-96 by Reed, things for suffering for a purported seizure sideswiping Owens. However its load did not go well. Early in the surgery, disorder did pour onto their vehicle, cracking the Reed discovered that plaintiff’s aorta Wilson v. Mathis, 03-2996 windshield. was enlarged and heavily calcified. This Plaintiff: Albert B. McQueen, Jr., Bonnie, hurt more seriously, has since discovery gave Reed pause and she Wilson Polites & McQueen, Lexington complained of persistent neck and stopped the procedure to consult with and Lee Vanhorn, Lexington shoulder pain. Her medicals were colleagues and consider her next course Defense: Luke A. Wingfield, Clark & $21,639. Working in the kitchen at of action. Ward, Lexington Hardee’s, lost wages were $4,928. She Reed believed it was best to continue Verdict: $5,820 for plaintiff also sought $299,999 for suffering. the procedure – however the risk Circuit: Fayette, J. Ishmael, 12-7-06 John, not hurt at the scene, has since associated with continuing increased It was 11-27-00 and Henry Wilson, complained of a soft-tissue injury. His plaintiff’s mortality to some 30%. She then age 25, was rear-ended by Walter medicals were $12,987 and like his wife, advised his family (Holmes couldn’t Mathis. Wilson had been stopped at a he also sought $299,999 for suffering. speak for himself) and they agreed. The red light. Fault was no issue. The wreck In this lawsuit, both targeted Danco surgery was not a success and despite resulted in minor damage. Trucking, implicating Cole for losing repeated interventions and two more Wilson went to the ER the next day to control. Danco Trucking defended and surgeries, Holmes was dead two days treat for soft-tissue symptoms. A more minimized the claimed injuries. later. significant symptom developed eight The court having directed a verdict on His estate then pursued this medical months later when Wilson began to fault, the jury went to damages. Bonnie claim against Reed. The theory was suffer from seizures. His neurologist, took her medicals and lost wages as two-fold and was predicated on (1) Dr. Patrick Leung, Lexington, linked the claimed plus $75,000 for suffering. Her performing the surgery in the first place seizures to this wreck. verdict totaled $101,567. John similarly as at the time, while plaintiff’s heart was Plaintiff’s medicals were $17,704 and took his medicals, but just $10,000 for weak, he was doing well, and (2) failing he sought $155,509 for future care. suffering – his verdict was $22,987. A to properly advise him of the true risks Impairment was $25,480 – Wilson is a judgment less PIP was entered for the of the surgery. Plaintiff’s expert was Dr. self-employed glass blower. Suffering plaintiffs. Merrill Bronstein, Cardio-thoracic was limited to $180,000. Surgery, Daly City, CA. Bronstein, Mathis defended on damages and particularly, was critical of starting the looked to proof from an IME, Dr. Joseph procedure at all, noting that the aorta Zerga, Neurology, Lexington. The complication Reed encountered was expert conceded there were seizures, but completely predictable. could find no link between them and this If the estate prevailed, it sought the wreck. He noted in that regard, the funeral bill of $8,000, plus $36,000 for delay in their onset and that Wilson did destruction. Pain and suffering was not lose consciousness at the scene of January 2007 11 KTCR 1 11 the wreck. insurance and did it pay anything? This case was first mistried in Holding: Justice Wintersheimer wrote September of 2006 for reasons not for a 4-2 court and first pointed to KRS described in the record. Back to trial in 189.430(3) which makes it unlawful to December on damages, Wilson took Kentucky Supreme Court leave an unattended vehicle with the $4,820 of his medicals, but nothing for Tort Opinions keys in the ignition. The police officer’s future care or impairment. Suffering disregard of the applicable traffic laws, was $1,000 more, the verdict totaling At the December rendition date, the Wintersheimer wrote, made the “special $5,820. A consistent judgment Supreme Court issued three tort relationship” doctrine irrelevant. Thus followed. opinions. They are summarized in this the question of negligence by Miller was section. “reserved for a jury.” Wintersheimer The December opinions mark the continued that plaintiff would also be Auto Negligence - Soft-tissue departure of Justices Wintersheimer and suffering sustained in a rear-end case able to pursue a negligence per se Graves. It also marks the arrival of theory, Miller clearly having violated the was valued at $3,975 Justice Noble who joined her first Jones v. Osling, 04-2946 statute referenced above. opinions this month. The lineup moving The court also addressed the Plaintiff: Timothy R. McCarthy, Nutt forward is finally set: Lambert, Scott, Law Office, Louisville government argument that Blackwell’s McAnulty, Schroder, Cunningham, conduct was a superseding cause. Defense: Mary Jo Wetzel, Kightlinger Minton and Noble. & Gray, New Albany, IN Wintersheimer wrote that it was clear that leaving the keys in the cruiser was a Verdict: $14,873 for plaintiff Sovereign Immunity - A police Circuit: Jefferson, J. Kemper, negligent act that created the opportunity officer is not immune when he leaves for the prisoner to escape and operate it. 12-20-06 the key in the ignition in his On 8-11-03, Clarence Jones, then age Concluding the opinion reversed the unattended cruiser (a statutory Court of Appeals holding that the 23, was on an I-65 at the Outer Loop. A violation) and a prisoner in the heavy rain was falling. Behind him in responsibility of the officer was to backseat gains control of the cruiser remove the keys and thus the ultimate traffic was a teenager, Andrew Osling. and crashes into the plaintiff Behind Andrew was his mother, theft was neither an intervening nor a Pile v. City of Brandenburg superseding event. Lambert, Graves and Ramona. While the exact nature of who 2005-SC-0047-DG hit whom is not clear, it is known that Scott joined the majority. Minton did On Appeal from the Court of Appeals not sit. mother and son collided and then son Rendered: December 21, 2006 was pushed forward into Jones. Justice McAnulty Dissent - McAnulty Petitioner’s Counsel: Brett Butler, disagreed with the majority and thought Jones himself couldn’t figure it out Louisville either and filed a lawsuit against both the wrong party had been sued as it was Respondent’s Counsel: David P. Bowles a Deputy Sheriff. That is, Miller placed Oslings. While the Osling defendants and Robert T. Watson, Landrum & were separate at trial, they were the handcuffed Blackwell in the back of Shouse, Louisville the cruiser and left him in the custody of represented by the same counsel. John Miller, a police officer for the However it happened, Jones was hurt the deputy. It was then not foreseeable City of Brandenburg, arrested a drunk for Miller that the prisoner would be left in the crash. He has since treated with a driving suspect, Timothy Blackwell. chiropractor, Dr. Mark Green, alone and permitted to escape. Blackwell was secured in handcuffs in Like Minton’s opinion at the Court of Louisville, complaining of soft-tissue the back of Miller’s police cruiser. symptoms. His incurred medicals were Appeals, McAnulty also thought this was Miller left Blackwell in the cruiser to a case for the application of the special $7,398. He also sought property damage further investigate. The keys were in the of $4,000 and lost wages of $540. relationship test – the real question, he ignition and the engine was running. thought, was whether the plaintiff was Suffering was capped at $15,000. Blackwell somehow got into the front The two defendants, mother and son, not protected by the police from the seat and drove away. He crashed head- drunk driver. As there was no special blamed one another for the wreck, also on into an oncoming vehicle driven by implicating the plaintiff for a sudden relationship, the plaintiff wasn’t in state Theresa Foltz. Both Foltz and Blackwell custody, there then was no affirmative stop. Besides diminishing damages, the were killed. Osling defendants also pointed to the duty to protect her. Fryman v. Harrison, The Foltz estate sued the police 896 S.W.2d 908 (Ky. 1995). The heavy rain as a primary factor in causing alleging negligence. The trial court the collision. neophyte Noble joined his dissent. granted summary judgment, finding the While Minton did not join this opinion, The verdict was mixed on fault, the actions of Blackwell were not jury assessing it equally to the Osling having sat it out because of his foreseeable. The Court of Appeals participation at the Court of Appeals, it defendants. Then to damages, Jones affirmed on different grounds, took his medicals as claimed, plus seems certain he would have been a third concluding the police were protected by vote in dissent. $3,500 in property damage. While lost immunity as there was no special wages were rejected, the suffering award relationship between the decedent and was $3,975. The verdict totaled $14,873 the police. [Minton authored the – two weeks post-trial, no judgment had intermediate opinion.] Plaintiff sought been entered. During trial a juror had discretionary review and it was granted asked: Did either of the parties have in August of 2005. January 2007 11 KTCR 1 12 Uninsured Motorist - In buries decades of precedent” that hit and not mattering that Moore contended the interpreting this specific UM policy, run drivers are only covered under UM application was deceptive. Scott could an unidentified hit and run vehicle is policies if the policy itself clearly says find no fault with the application, not excluded – Lambert wrote that as so. That decision then will “upset the repeating that Moore “simply rejected the driver could not be located, no settled state of our UM jurisprudence, as UM coverage.” He was joined by insurance policy “applied” at the time well as the settled expectations of both Graves, Minton and Noble. of the accident and thus plaintiff had insurers and insureds.” Justice Lambert Dissent - Joined by satisfied her UM proof burden Ed. Note - Was this opinion much ado Wintersheimer, Lambert was critical of Dowell v. Safe Auto about nothing, it only applying to this the insurance application’s “opt in” 2005-SC-0153-DG Safe Auto policy as written? How long structure as opposed to “opt out.” On Appeal from the Court of Appeals will it take for insurers to write UM Justice Wintersheimer Dissent - Joined Rendered: December 21, 2006 policies that exclude hit and run drivers? by Lambert, Wintersheimer similarly Petitioner’s Counsel: Kevin C. Burke, We’d think that would happen wrote that the application had an Louisville and Dan E. Siebert, Siebert & immediately, making this opinion only incorrect explanation and whether that Johnson, Louisville relevant to the poorly drafted UM made a difference was a question of fact Respondent’s Counsel: Robert L. policy. that should have been determined by a Steinmetz, Frost Brown Todd, Louisville Minton’s dissent also seems to make jury. Debra Dowell was rear-ended on quite a stretch when he suggests that the Preston Highway by the driver of a opinion had upset the apple cart of Chevrolet Blazer. That other driver got expectations by insureds. I think it Early Forecasting at the out and asked if she was okay. He then would be difficult to find an insured, in Supreme Court drove away, never to be identified. any county in the Commonwealth, who Dowell then sought UM coverage from understood UM jurisprudence and even her carrier, Safe Auto. more particularly their hit and run UM In what direction are the new justices The trial judge (McDonald-Burkman- expectations. on the court headed. It’s a little early to Jefferson County) granted summary say, but there is now some data on which judgment. Plaintiff appealed. The Court Uninsured Motorist - While it is to begin forecasting how certain justices of Appeals affirmed, Judge Tackett required that an insurer provide UM will rule. writing that as a matter of public policy, coverage, that coverage is Noble kicked off her participation this a UM carrier is not required to provide extinguished when the plaintiff month in three civil opinions. In two of hit and run coverage, the policy being rejected that coverage by checking a the three opinions, she joined the interest tailored only to provide coverage when box on her insurance application associated with a civil defendant, (1) for the status of the tortfeasor can be Moore et al v. Globe American Casualty the police officer who left his cruiser ascertained. Plaintiff appealed and 2005-SC-0544-DG running and (2) for the insured when the discretionary review was granted in On Appeal from the Court of Appeals insurer purportedly rejected UM September of 2005. Rendered: December 21, 2006 coverage. In a third case, she thought hit

Petitioner’s Counsel: Warren A. Taylor, and run coverage was not excluded Holding: Justice Lambert wrote for a 6- Hazard under the interpretation of a particular 1 court, joined by Graves, McAnulty, Respondent’s Counsel: William D. policy. Again its early in the Noble era, Noble, Scott and Wintersheimer. Kirkland and Karen G. Chrisman, but she begins at least with some Beginning the opinion, Lambert framed McBrayer McGinnis Leslie & Kirkland, sympathy for civil defendants. the question: Does this policy cover the Frankfort and J. Bradford Derifield, Minton’s trend is even more uninsured vehicle? He noted that the Frost Brown Todd, Lexington sympathetic to defendants. In two of the Safe Auto policy had a total of 24 UM Patricia Moore was driving a vehicle three opinions he participated in, Minton exclusions, but it did not exclude “hit that was struck by an uninsured motorist, sided with the insurer in UM disputes. and run” vehicles. The settled rule then Ralph Morgan – Polly Rice was a In one of those opinions, the was to construe the ambiguity in favor of passenger with Moore. Moore then interpretation case regarding hit and run the insured. sought UM coverage from her carrier, drivers, he went into an impassioned Lambert also addressed Safe Auto’s Globe American. The insurer denied discussion of the status quo of settled argument that as the tortfeasor is coverage, citing that in applying for UM expectations. In the third opinion, unknown, his insurance status is not coverage, Moore had specifically Minton sat out, having participated at the knowable. The court replied that as the rejected UM coverage. Court of Appeals. However at the driver couldn’t be located, definitionally The trial court agreed and granted intermediate court, he had also ruled in then, no insurance applied and the summary judgment to Globe American. favor the defense interest. plaintiff had satisfied her proof burden. Moore appealed – the Court of Appeals Of course for Minton, while that’s a The court finished and held that affirmed. This court granted solid three for three for civil defendants, pursuant to this policy, an unidentified discretionary review. it is just one month. At the September hit and run driver is not excluded from rendition, he dissented for a government UM coverage. Holding: Justice Scott wrote for a 4-2 defendant in a malicious prosecution Justice Minton Dissent - Minton, writing court (McAnulty not sitting) and found case, Davis v. Winchester Police, (See alone, thought the majority found a the answer very easily. Moore had our discussion in the 2006 KTCR Year in Review in “nonexistent ambiguity” that “quietly rejected coverage in the application, it January 2007 11 KTCR 1 13 Supreme Court Civil Tort Opinion Lincolnshire North Apartments. After Verdicts Revisited Summaries. In the same month, he was moving in, she made repeated part of a unanimous court that found for complaints about oil on a stairway. Each month, we summarize appellate a lawyer in a legal negligence case, Lincolnshire took no action. She was review of previously reported verdict O’Bryan v. Cave. also critical of a loose handrail. results. The summaries include the A month later in October, he joined Soon after, Pinkston slipped on the reference to the verdict report in its the majority in a products liability case steps and reached for the handrail. It respective Year in Review volume. for the manufacturer, Compex came loose and Pinkston fell. She Unless otherwise noted, the opinions in International v. Taylor. Then in sustained an injury. Pinkston then sued this section were designated “Not To Be December, (1) he dissented for a civil Lincolnshire, alleging it had failed to Published.” defendant in a statute of limitations case, maintain the premises in a reasonably Harralson v. Monger et al, (2) for LGE safe condition. Auto Negligence - While it was error in a death case regarding duty, LGE v. The trial court granted summary to permit an ex-wife to testify about a Roberson, and (3) for an insurer in a judgment, finding Lincolnshire enjoyed confidential marriage communication settlement and release dispute, Abney v. tort immunity as the subsidiary of a (that the plaintiff had an affair), the Nationwide. charitable organization and there was no error was harmless and a threshold For Minton its too early to call a duty for Lincolnshire to maintain the verdict was affirmed trend, but the trend seems ready to jump handrail. [Lincolnshire operates a part of Mack v. Ammons out. For each of the first eight civil tort a non-profit, Audubon Area Community Appeal from Hardin Circuit Court opinions which Minton has participated Services.] Pinkston appealed. Trial Judge: Kelly Mark Easton in, in every one, he’s sided with the KTCR Cite: Case No. 3117, 2005 YIR defense or insurance interest. If that Holding: Judge Wine joined by Henry Date of Trial: 9-1-05 trend continues, that will make and Buckingham, considered the Appeal Decided: 12-1-06 forecasting a Minton vote remarkably handrail to be an open and obvious Alan W. Roles, Louisville for Appellant easy: Just pick the interest of the civil hazard, known to the plaintiff for at least Lynn M. Watson, Louisville for defendant and chalk up Minton’s vote. several weeks before she fell. Appellee Similarly, plaintiff had no protection Robert Mack was rear-ended by Mary in seeking to enforce a provision of her Ammons while stopped to turn. Mack lease that obligated the landlord to make complained of a closed head injury. The Discretionary Review at the repairs. Wine wrote that the only defense diminished damages with an Kentucky Supreme Court remedy for any breach was the cost of IME, Dr. James Harkess, Orthopedics, the repair and not a civil suit for Louisville, who concluded there was just At the December 2006 rendition date, personal injuries. a short-term strain and no brain injury. review was not granted in any tort cases While affirming on the above basis, [Harkess also added in his deposition – review was only granted in two cases Wine also wrote that the charitable that the KTCR was a “scurrilous overall. corporation rule was abrogated and not organization, I might say.”] The defense too recently, citing an opinion from also called plaintiff’s ex-wife, who 1961. The trial court was affirmed. thought plaintiff’s affair, rather than this Kentucky Court of Appeals wreck, was the most likely cause of To Be Published plaintiff’s problems. Tort Opinion Summaries Tried to a jury, a threshold verdict was returned after fifteen minutes of A summary of published opinions deliberation. Mack appealed and from the Kentucky Court of Appeals criticized the admission of his ex-wife’s involving tort related issues. testimony. Holding: Judge Taylor writing Premises Liability - A landlord owes Joined by Dixon and Knopf, affirmed no duty to a resident regarding an permitting the wife’s testimony as there open and obvious condition was no spousal privilege anymore as the Pinkston v. Audubon Area Community parties weren’t still married. However it Services et al, 2006-CA-0473-MR was error to permit the wife to testify Appeal from Daviess Circuit Court about the affair, as she learned of it in a Judge Thomas O. Castlen confidential marriage communication. KTCR Cite: Case No. 2914, 2004 YIR But despite that error by the trial court, Rendered: December 1, 2006 the result was still affirmed as there was Appellant’s Counsel: David M. Taylor, no substantial probability the trial result Owensboro would have been different. Appellee’s Counsel: Max S. Hartz, McCarroll Nunley & Hartz, Owensboro

The plaintiff, Colleen Pinkston, leased an apartment from her landlord, January 2007 11 KTCR 1 14 Bad Faith - In a bad faith case arising rejected that argued the award of belted passengers avoid injury in a roll- from a property damage dispute, the damages was excessive. On this case’s over – it is simply impossible to develop trial court was affirmed in reducing second trip to the Court of Appeals, the an accident proof vehicle. Ford experts an award of punitives from $150,000 trial result was fully affirmed. were Ken Orlowski, Design, Lake Orion, to $15,000 MI and Alfred Bowles, Biomechanics, Thomas v. Grange Mutual San Antonio, TX. Appeal from Jefferson Circuit Court Notable Out of State Verdicts This jury first found for the estate on Trial Judge: Denise Clayton the products count and awarded the KTCR Cite: Case No. 3002, 2005 YIR All of the following reports appeared estate a general award of $15,000,000. Date of Trial: 10-14-05 in recent issues of our sister publication, However it went on to reject a claim of Appeal Decided: 12-1-06 the Federal Jury Verdict Reporter. reckless conduct by Ford, thereby John R. Shelton, Sales Tillman precluding punitive damages. Wallbaum Catlett & Satterley, for - A star high Appellant Products Liability school student, headed to Stanford in Bad Faith - In a third-party bad Kim F. Quick, Quick & Coleman, the fall, was killed in a single car roll- faith case arising from a car wreck, an Elizabethtown for Appellee over accident while driving a 1995 insurer was blamed for low-balling Mark Thomas owned a car that was Ford Explorer and misrepresenting policy limits – hit when parked by Daniella Dotson. Moody v. Ford Motor Company, the insurer defended that the claim Thomas called Dotson who was 4:03-784 was fairly debatable and it acted apologetic and agreed to pay the claim Plaintiff: Clark O. Brewster and reasonably without notifying her insurer, Grange Montgomery L. Lair, Brewster & De Nicholas v. Bituminous Casualty Mutual. Thereafter plaintiff submitted a Angelis, Tulsa, OK Company, 1:03-276 bill for $1,502 – Dotson would pay no Defense: Mary Quinn-Cooper and Plaintiff: Ancil G. Ramey, Steptoe & more than $300. James A. Richardson, Eldridge Cooper Johnson, Charleston, WV Thereafter Thomas contacted Grange Steichen & Leach, Tulsa, OK Defense: James D. McQueen, Jr. and directly and sought payment of the Verdict: $15,000,000 for plaintiff Amanda Davis Haddy, McQueen & $1,502 bill. Grange then contacted the Court: Oklahoma Northern - Tulsa Murphy, Charleston, WV insured, Dotson, who signed a waiver of Judge: Claire V. Eagan Verdict: Defense verdict on liability coverage. Thomas still could not resolve Date: 11-20-06 Court: West Virginia Northern - the claim with Dotson and again turned On 1-7-03, Tyler Moody, then age 18, Clarksburg to Grange. Grange denied payment, was driving a 1995 Ford Explorer in Judge: Irene M. Keeley citing that Dotson was now “self- Tulsa on Delaware Street. Moody was a Date: 11-15-06 insured” having waived coverage. bright boy and a National Merit Finalist This case began on 11-9-01 with a car Thomas thought that was silly – an who was headed that fall to attend wreck. The tortfeasor, Anthony Iezzi, insurer and an insured can not enter an college at Stanford. In a one-car crash struck a vehicle driven by Shauntelle agreement to defeat the claims of an (Moody attempted to pass in a no- Nicholas. Nicholas was then stopped at innocent third-party claimant. Grange passing zone), the boy rolled the a red light – her husband, Paul, was a stuck to its guns. Litigation followed Explorer. During the roll, his neck was passenger. The third plaintiff, their and Grange ultimately paid the $1,502 pushed into his chest by the roof – he daughter, Erin, presented a consortium some twenty-six months post wreck. died at the scene of positional asphyxia. claim. Thomas then alleged bad faith in His estate sued Ford and alleged the The Nicholas family litigated against failing to pay the claim. First tried in Explorer was defective in that the roof Iezzi, the matter settling on the eve of February of 2003, Judge Clayton granted was too weak. The proof described this trial in December of 2004 for $700,000. a directed verdict, finding that as as a slow and easy roll – except for a Iezzi was represented by Bituminous plaintiff had no emotional suffering, bruise on his head, Moody was Casualty Company. After the resolution there were no damages. The Court of uninjured beyond the roof structure of the underlying case, the Nicholas Appeals reversed in 2004, Judge failing to protect him. Plaintiff further plaintiffs sued the insurer alleging third- Buckingham writing the opinion. developed this sort of roll-over was party bad faith. Back to trial, plaintiff prevailed on foreseeable and Ford should have The purported bad faith included, (1) bad faith and took $150,000 in punitives. designed for it. Experts for the estate misrepresenting policy limits, (2) The trial court reduced the punitive were George Hall, Accident offering $15,000 to settle just a month award to $15,000. Plaintiff appealed the Reconstruction, Tulsa, OK, Stephen before trial, then upping that offer to reduction. Forrest, Engineer, Goleta, CA and $700,000 without any new facts, and (3) Holding: Judge Knopf writing Joseph Burton, Biomechanics, otherwise delaying payment of the claim. Joined by Combs and Acree, the court Alpharetta, GA. Bituminous defended that the injury engaged in a de novo analysis as Ford defended that the boy’s death claims were fairly debated – it first noted required by State Farm v. Campbell. was unfortunate, but blamed it on his that there was no injury at the scene, the [Clayton at the trial court had not speed and poor driving. The Explorer plaintiffs not treating until seven hours engaged in this analysis.] Knopf, noted was described as safe and exceeding later. There was also proof that among other things, that Clayton’s 10-1 federal standards. The company also Shauntelle’s vocal cord injury was ratio was appropriate and reasonable. A developed that as designed, 98% of suspicious – making it even more cross-appeal by Grange was also suspicious was what the insurer viewed January 2007 11 KTCR 1 15 as evidence this rear-ender was staged. Sports and Green took nothing. A damages of $150,000. Thus the sum of the defense was that this defense judgment was entered. The IRS has moved for post-trial complex case, with disputed medical relief arguing, among other things, that proof, was properly defended. Religious Discrimination - An (1) the complained of conduct was not The bad faith claim was rejected by IRS agent with no religious beliefs severe and pervasive, (2) plaintiff’s this jury. Plaintiffs have since moved alleged he suffered hostile supervisor wasn’t a supervisor but a co- for a new trial, citing error in excluding environment discrimination from his employee, and (3) damages were (1) the insurer’s reserve activity, and (2) pious supervisor who criticized the excessive. The motion is pending. improperly permitting an advice of agent’s lifestyle of fast cars, drinking counsel defense to this statutory claim. and womanizing Nichols v. IRS, 3:03-341 The Kentucky Trial Court Review is Products Liability - A high school Plaintiff: Kathleen L. Caldwell, published at 9462 Brownsboro Road, No. 133 Louisville, Kentucky 40241; Denise Memphis football player linked a cervical injury Miller, Publisher; Sandra Tharp, Editor and quadriplegia to a defective helmet Defense: Mercedes Maynor-Faulcon, Emeritus, Shannon Ragland, Editor; Aaron Green v. Schutt Sports, 5:05-164 Assistant U.S. Attorney, Nashville Spurling and Jack Steiner, Assistant Editors. Plaintiff: Larry E. Coben, Scottsdale, Verdict: $150,000 for plaintiff Annual subscriptions are $199.00 per year. AZ and Thomas J. Turner, Turner & Federal: Nashville [Including sales tax, $210.94 for Kentucky Jordan, Lubbock, TX Judge: John T. Nixon residents.] Defense: Phillip M. Davis, Davis 12-8-06 E-Mail - [email protected] White & Sullivan, Boston, MA, Richard Patrick Nichols was working in the E. Harrison, Harrison & Hull, summer of 2001 as a revenue agent in Reproduction in any form, including office McKinney, TX and G. Douglas Welch, training for the IRS. His trouble started copy machines, or publication in newsletters Jones Flygare Brown & Wharton, that August while in Dallas for training. or reporters, in whole or in part, is forbidden Lubbock, TX Along with other agents, Nichols was and prohibited by law, except where advance Verdict: Defense verdict on liability preparing to go to a Karaoke bar. His written permission is granted. Court: Texas Northern - Lubbock supervisor declined to go, citing a Copyright © 2007 Judge: Sam R. Cummings religious objection. Nichols, who All Rights Reserved, The Kentucky Trial Date: 11-16-06 professes no religion, had no problem Court Review, LLC Jeremy Green, then age 17, was a going. cornerback for the Levelland High Thereafter Nichols noted that his boss School football team on 8-20-04. His was hostile to him – that hostility took team played a varsity scrimmage in the form of objections to his apparent Hobbs, New Mexico. Green was pagan lifestyle. That is, instead of wearing a Schutt Sports DNA model getting married, settling down and helmet at the time of the incident. saving money, the sinful Nichols drove a As Green moved to tackle an Corvette, wore a Rolex, had nice clothes opposing player, the top of his head and enjoyed meeting women at bars. In struck the ball at an angle. In the the view of his boss, this was not good impact, the boy sustained a C-4 to C-6 Christian living. fracture that has left him a quadriplegic. The hostility came to a head by In this lawsuit, Green sued Schutt and October. Nichols was accused of alleged his helmet had a design defect. improperly completing his time sheets. The purported defect was that the He was given a choice to quit or be fired Schutt Sports designed helmet did not – Nichols elected to resign. effectively attenuate energy to protect This lawsuit followed, Nichols the cervical spine. There was additional alleging he suffered religious evidence that alternatively designed discrimination in two ways, (1) as a non- helmets on the market would have Christian, he suffered a disparate impact, protected Green, including safe shock and (2) that the lifestyle criticism from technology. his boss represented hostile environment Schutt Sports countered that the discrimination. The IRS defended and injury-causing event was Green’s denied that plaintiff’s boss (who had the decision to make head-first contact with power to fire) was a co-employee. It the opposing player. It was also noted also argued that the complained of that it was Green who made the conduct was sporadic at best, plaintiff’s voluntary decision to play football, a employment problems having more to do sport with high-speed violent collisions with his time sheet discrepancies than his where risk is inherent. Bringing this to religion or lack thereof. causation, the defense further argued The jury’s verdict was mixed. there was no helmet that could have Nichols lost on a disparate impact claim, prevented or mitigated this injury. but he did prevail on the hostile The verdict in this case was for Schutt environment claim. The jury awarded The Kentucky Trial Court Review 9462 Brownsboro Road, No. 133 Louisville, Kentucky 40241 502-326-9794 or 1-877-313-1944 Online at Juryverdicts.net

From Paducah to Pikeville, Covington to London Comprehensive and Timely Kentucky Jury Verdict Coverage

Ordering is Easy

The Kentucky Trial Court Review The Most Current and Complete Summary of Kentucky Jury Verdicts Call to Place your MasterCard/Visa Order - 1-877-313-1944

Order the KTCR 2006 Year in Review – $225.00 plus tax Simply select print or PDF version and complete this order form Call us at 1-877-313-1944 to pay by MasterCard/Visa

Return with your check to: ______The Kentucky Trial Court Review Name 9462 Brownsboro Road, No. 133 Louisville, Kentucky 40241 ______Firm Name ___ $199.00 for a one year subscription to the Kentucky Trial Court Review ______($210.94 including 6% sales tax for KY residents) ______$225 to order the Address KTCR 2006 Year in Review (Select One) ($238.50 including 6% sales tax for KY residents) ____ Print Version ______PDF Version City, State, Zip

Your E-Mail