Kentucky Injury Lawyer Blog

I am proud to report that on October 24, 2011 a Fayette County, Kentucky jury handed down a $1,027,473.48 verdict for my client, Irene Hendrix, in a case against the corporate former owners of Cambridge Place Nursing Home in Lexington.

Irene, then 88, was a resident of Cambridge Place from April 2008 to January 21, 2009. She suffers from severe Alzheimer's dementia and other ailments. She was prescribed a merry walker (rolling walker with a seat) to move around the facility. We proved that for 8 months, she wandered aimlessly and unsupervised around the nursing home, in and out of other residents' rooms, banging into things and causing bruises and skin tears.

While Cambridge Place assessment staff recognized that Irene needed constant supervision due to a myriad of medical conditions, including vision problems, cognitive impairment and wandering, they failed to provide her constant supervision or transfer her to a place that could provide it. As a result, on January 21, 2009, Irene wandered into an unlocked vacant resident room that the facility was using for storing equipment and items for the building's refurbishment. Her merry walker got caught up in the equipment and she fell head first onto the hard floor, still seatbelted into the walker. She suffered broken bones in her face, a crushed nose, a laceration above her eye and of her lip, and a brain injury which caused bleeding in her brain.

While Irene already suffered from dementia, prior to the fall and resulting brain injury, she could still recognize her children and share memories with them. Her family testified that after the fall, she was never able to recognize them ever again.

The jury allowed the full amount of medical expenses claimed, $27,473.48, and an additional $1 million for mental and physical pain and suffering and anguish.

I was incredibly honored to have an opportunity to represent Irene and proud of the jury for returning a just verdict in this case.

If you suspect that a loved one is being abused or neglected in a nursing home, I would be happy to discuss the matter with your family.

Bahe Cook Cantley & Nefzger is proud to congratulate new attorney Lauren Marley on passing the Kentucky Bar Examination. Lauren has been with the firm since late August of this year and just learned late the week before last that she passed her exam! However, it wasn't until she was officially sworn in by Jefferson County Circuit Court Judge, Judith McDonald Burkman, this past week that she actually became licensed to practice law in Kentucky. This was her first time sitting for the exam. We are proud of Lauren and know that she looks forward to actually getting to go to court and litigate and try cases. Congrats!

Because of a mistrial of the first trial, which I originally posted about here, Bahe Cook Cantley & Nefzger PLC partner Will Nefzger is preparing for a trial that is set to begin on September 13, 2011 involving his client, Jerome Cotton. The opposing party is insured by Kentucky Farm Bureau (KFB). Unfortunately, KFB has not been big on commitment in this case.

Mr. Cotton sustained injuries when his car was broadsided at an intersection in Louisville, Kentucky in July 2005. The impact was so severe that Mr. Cotton's car was totaled and he sought treatment immediately at the hospital. Mr. Cotton required medical treatment for about one month following the accident and missed over two weeks of work.

Unfortunately, KFB has refuse to negotiate fairly and in good faith, and Mr. Cotton must take his case to trial as a consequence. The case will be tried in Jefferson Circuit Court, Division 7 in front of Judge Audra Eckerle.

The case first went to trial in April 2011. During the second day of trial, Judge Eckerle granted my motion for a mistrial when opposing counsel introduced evidence she previously ruled could not be introduced. Because of this reckless behavior, Judge Eckerle held opposing counsel in contempt and sanctioned him for his conduct.

Are you a fan of BCCN? Want to tell someone about it? Now you can and support the firm at the same time. Visit this website to vote in LEO's (Louisville Eccentric Observer) Reader's Choice Awards for 2011. If you are unfamiliar with LEO, you can visit here for a quick peak at the paper's online "About Us" page. All you have to do is click here, then scroll down to the "Best Law Office" entry, click on it and type Bahe Cook Cantley & Nefzger PLC. It's that easy. We would love your support!

The American Association for Justice (AAJ) is a private professional organization whose membership is made up of trial lawyers. AAJ is committed to the promotion of a fair and effective justice system, and in doing so advocates for consumer protection and safety and against immunity for careless and reckless conduct.

I am an active member of AAJ and attended the annual convention in New York City this past week. AAJ conventions offer opportunities for both professional and business development in the form of continuing legal education programs, group meetings to discuss and exchange ideas, networking and social events and more. It is great to gather with lawyers from around the country to share experiences, and it is a lot of fun.

The highlight of the convention for me probably was listening to Bill Clinton speak at a Public Justice event. Mr. Clinton did not charge to speak to us. He values what we and Public Justice do and reminded us why it is so important to keep fighting for those that do not have the same opportunities, access and status that we have achieved and earned. It was very stirring and inspirational and prompted me to become a member of Public Justice in addition to AAJ.

I am already looking forward to the winter convention in Phoenix!

BCCN partner, Vanessa Cantley, was in the news this week when WAVE-3 asked her to comment on the legal and ethical problems facing local attorney, Michael Wade. Wade was recently arrested and charged with trafficking illegal drugs and other contraband to an inmate and police are reporting that stolen items were found in his vehicle. In addition, one of Wade's personal injury clients has alleged that he deposited her settlement check into his personal account and has refused to tender her portion of the settlement.

Vanessa comments: "Supreme Court Rule 3.130 states that attorneys are not permitted to co-mingle client funds with personal funds and, of course, are not permitted to withhold client funds from them unless the funds are rightfully owed to a third party with a valid lien (such as a health insurer, Medicare or Medicaid). In addition to criminal charges, Wade likely will face disciplinary proceedings by the Kentucky Bar Association, which governs attorney conduct in the Commonwealth."

To watch the WAVE-3 story, click here: http://www.wave3.com/story/14952811/jailed-attorney-faces-more-charges-in-louisville

This past Friday Vanessa Cantley and Nathan Williams secured a $330,000 jury verdict for their client in a Jefferson County, Kentucky courtroom.

The case centered around a rear-end car wreck involving three cars at a red light. The plaintiff sought treatment the next day at an emergency room. After her sypmtoms failed to resolve she sought further treatment five months later with her chiropractor. After several months of treatment she was referred to a neurologist that discovered through a MRI that she had suffered a herniated disc as a result of the wreck.

The plaintiff had only accumulated roughly $6,500 in past medical expenses. Prior to trial the defense had offered a mere $6,000 to settle the case. The responsible defendant had tried to argue that the wreck did not cause the injury and that the plaintiff was "exaggerating" her injuries. Vanessa Cantley delivered the closing argument that convinced the jury to award a $330,000 verdict.

It was a great result for a very deserving client. It is encouraging to see that the jury saw through the insurance company's tactics and delivered a fair verdict to an injured plaintiff. Congratulations to Vanessa and Nathan for a tremendous win for their client.

Kentucky residents affected by recent storms and flooding can receive free legal assistance from experienced trial attorneys, including the attorneys of Bahe Cook Cantley & Nefzger PLC (BCCN).

Several attorney members of the Kentucky Justice Association (KJA) are providing assistance with insurance claims, home repair contracts, consumer protection matters; counsel on landlord-tenant, mortgage foreclosure or other housing issues; replacement of important legal documents destroyed in a major disaster; and assistance in connecting people with agencies that might be able to help.

If a case comes up that requires a paid attorney, the KJA will help find a lawyer outside the volunteer program.

Find out more about the KJA Volunteer Disaster Legal Services Program by calling (502) 339-8890, emailing info(at)KentuckyJusticeAssociation.org or by visiting www.KentuckyJusticeAssociation.org .

On Thursday, May 12, Vanessa Cantley, attorney and partner with Bahe Cook Cantley & Nefzger PLC, argued to the Kentucky Supreme Court on behalf of dog bite victims across the Commonwealth. Her argument makes the first time the new dog bite laws, found in Kentucky Revised Statutes Chapter 258, will be interpreted by Kentucky's highest court.

Vanessa argued that the plain language of KRS Chapter 258 holds a landlord who permits a dog to remain on rental property he/she owns strictly liable for any damages "caused by the dog." The landlord would be jointly and severally liable will all other statutorily-defined owners of the dog for damages the dog causes. However, if the landlord does not permit the dog on the property, then the landlord is not liable under this statute; nor would the landlord, or any other statutory "owner," be liable for injuries caused by anything other than dog - i.e. damages caused by the Plaintiff him/herself.

Vanessa's client, 8 year-old Brandon Benningfield, was walking home from a neighbor's house when a Rottweiler dog got out from under a fence at a rental home, ran across the street, and mauled Brandon on the sidewalk, tearing the flesh from his scalp, face, arms and legs. The dog was kept in the backyard of the rental house with several other Rottweilers and had gotten out of the yard on several occasions. The landlords lived right next door to their rental property and also knew the dog was getting out, but never moved to evict the tenants or otherwise have the dogs removed.

Brandon's claims against the landlords were dismissed by the trial court, because a case in Kentucky (Ireland v. Raymond) says that landlords cannot be held liable for attacks that occur off the rental premises. Vanessa has asked the Kentucky Supreme Court to overturn that case and allow the claims against the landlords in Brandon's case to go forward and, further, to clarify a landlords liability in all dog attack cases.

Vanessa has represented dozens of dog bite victims. Unfortunately, the typical scenario involves a dog attack by a tenant's dog and the tenant has no financial means to cover the victim's damages and no insurance. The landowner/landlord permits the dog to be on the property and carries insurance, but the insurance company denies liability (and payment) based on the way the dog bite laws have been interpreted by our courts. This leaves the innocent victim, and often Kentucky's taxpayers (when the victim in uninsured) holding the bag.

The Kentucky legislature presumably recognized this injustice and enacted KRS Chapter 258. We at Bahe Cook Cantley & Nefzger PLC hope that the Kentucky Supreme Court also recognizes this injustice and interprets the law as written - for Brandon Benningfield and all other innocent victims of dog attacks.

Vanessa Cantley, partner with Bahe Cook Cantley & Nefzger PLC (BCCN), and BCCN attorney Nathan Williams, were interviewed this past week about a case they filed against the LaRue County jailers. The civil lawsuit was filed on behalf of five women who allege they were sexually abused while incarcerated at the LaRue County Detention Center.

The links to the stories can be found here and here.