Case Results

While no attorney can promise certain results in a case, The Kentucky Auto Accident Attorney can promise that every effort will be made to obtain the best result possible for your case. Below are some sample results from some of the Kentucky Auto Accident Attorney’s cases:

Mark Aleshire v. Nick Pearl, Kentucky National, et al.
Auto accident claim where there was no dispute on liability. Injuries included srained left wris, left rotator cuff tear, labrum tear and bicep tendon detachment. Settlement in the amount of $125,000.00 was reached through mediation on May 30, 2008.

Estate of Juanita Hinton v. State Farm Insurance Company (Uninsured Motorist Claim)
Juanita Hinton was killed when an uninsured drunk driver crossed the centerline of a road in Lexington, Kentucky. She maintained a $250,000.00 uninsured motorist policy and State Farm agreed to pay out their limits. The greatest challenge in this case was that Medicare had paid out more than $100,000.00 in medical expenses and under a strict federal law was entitled to require the estate to reimburse it out of the $250,000.00 State Farm policy. Fortunately, Medicare agreed to waive their claim due to the circumstances of the case.

George Abell v. State Farm Insurance Company (Uninsured Motorist Claim)
George Abell was a passenger in the car operated by Juanita Hinton and he was injured in the same accident. Because he was a passenger in Juanita Hinton’s automobile he had access to the uninsured motorist policy maintained by Juanita Hinton on the vehicle she was driving at the time of the accident. Mr. Abell suffered a broken sternum, lacerated small intestine, bruised heart and several other minor injuries. He received a settlement without a lawsuit in the amount of $200,000.00

Patrick Back v. Kenneth Baker
Patrick was operated a motorcycle and stopped at a sop sign when he was rearended by an automobile traveling approximately 40 mph. This case is currently set for trial in August, 2008. The greatest challenge in this case is separating the damages caused by this accident from work=related activities and another significant auto accident asll of which contributed to damaged disks in the neck required surgical intervention.

Judith Schaefer v. Pro Logistics
This is the companion case to the Estate of Robert Bivin v, Pro logistics ., described below. Judith Schaefer was standing next to Robert Bivin as he was filling her gas tank with gasoline in the emergency lane of I-65 near Bowling Green, KY, when they were both hit by a tractor trailer. Miraculously, Judith Schaefer survived the impact. She broke many bones and had several operations, but she not only survived but has been able to return to work as a nurse. A lawsuit was filed in Bowling Green, KY and the case was litigated until a settlement was reached prior to trial. The challenge in this case was the limited insurance proceeds available to satisfy Ms. Schaefer’s claim. The trucking company was organized so that it did not have much in assets (the trucks were owned by a leasing company) and therefore it was difficult to convince the trucking company to pay a significant amount of money above the insurance. Through discovery facts were discovered regarding how the trucking company was organized and how they had dissipated significant assets after this accident that provided a basis for Ms. Schaefer to pierce the corporate veil so that she could go after the personal assets of the trucking company’s shareholders. This information help lead to a settlement of over $900,000.00 where over $500,000.00 was paid directly by the trucking company over and above the insurance.

William Sealey v. Gaus & Carlisle
On November 2, 2004, William Sealey was injured when two vehicles collided in the opposite traveling lane in Louisville, KY causing one of the vehicles to cross the center line and strike Sealy’s vehicle. Both Defendants blamed each other for the cause of the accident and both did not believe Sealey sustained a brain injury among other injuries. This case was further complicated by the fact that Sealey was involved two subsequent auto accidents. At mediation less than $20,000.00 was offered by both defendants combined. The case was tried before a Jefferson Circuit jury in March 2007 resulting in a $124,000.00 verdict for Sealey./

Estate of Robert Bivin v. Pro Logistics
Robert Bivin tragically died when he assisted a stranded vehicle that had run out of gas and a tractor-trailer operated by Pro Logistics ran off Interstate 65 near Bowling Green, Kentucky and killed Mr. Bivin. Mr. Bivin’s estate obtained a policy limits settlement from Pro Logistics, and a policy limits settlement with two layers of underinsured motorist coverage.

Estate of Greg Harris v. Turner Expediting
A young father of two girls was killed on the Watterson Expressway when his vehicle ran into the rear of a slow moving truck. Originally, this case appeared to have a significant liability issue since Mr. Harris ran into the rear of the tractor-trailer, but a detailed investigation revealed that the tractor-trailer was traveling at an unsafe slow speed without emergency lights . A computer animation of the accident showed that Mr. Harris had insufficient time to avoid the tractor-trailer, which had mechanical difficulties and was traveling too slow on the highway in the dark. A significant settlement was obtained for the estate, which allowed the family of Greg Harris lifetime financial security.

Valladares v. Mitsubishi
A Canadian family of four were in an auto accident on the Gene Snyder Freeway in Louisville, KY on October 29, 2002. The auto accident involved a moderate rear- end collision, but the collision caused a fire that quickly engulfed the vehicle and badly burned the two children and two adults in the vehicle. The liability limits of the at-fault driver were quickly recovered and this lawsuit involved a products liability lawsuit against Mitsubishi who had built the Eagle Vista station wagon driven by the Valladares. The basis of the product liability lawsuit was that Mitsubishi negligently designed the vehicle by placing the spare tire in a position so that a rear-end accident would drive the spare tire into the gas tank causing an explosion. The case was settled through a federal mediation.

David Back v. Scott Johnson
A right of way accident on Bardstown Road in Louisville, KY causing David Back a fractured jaw and the loss of several teeth. This case was settled within a few months for $100,000.00.

Downey v. Robey
This accident involved a tractor-trailer and a pedestrian, Randy Downey, who was working at a highway construction site. Roby, the driver of the tractor-trailer for Eck Miller Transportation, drove his tractor-trailer over Downey’s foot and ankle causing Downey to lose half of his foot. This case was tried to a jury verdict in March of 1998 and Downey received a verdict in the amount of $691,911.00.

Decker v. Sanders
This auto accident occurred in Glasgow, KY and was tried before the Barren Circuit Court in May of 2002. Karen Decker had received soft tissue injuries in this auto accident and her medical expenses were only $8,629.10 and the jury returned a verdict in the amount of $74,995.89.