| Kentucky Jury Verdicts, Settlements and Court Decisions |
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Nautilus Insurance Company v. Glen Cassady; Interstate Property Remediation, Inc.
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Defendants, Interstate Property Remediation, Inc., and its principal owner, Glen Cassady, appeal from the district court’s order granting summary judgment to Plaintiff, Nautilus Insurance Company, with respect to a bad faith action initiated after Nautilus reserved its right to deny coverage under an insurance policy owned by Cassady and Interstate. For the reasons that follow, we AFFIRM the jud... More... $0 (08-08-2008 - KY)
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Kenneth E. Corder, Sr. v. Ford Motor Co.
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Kenneth Corder, Sr., brought this action against Ford Motor Company on behalf of himself and others similarly situated seeking damages under the Kentucky Consumer Protection Act (“KCPA”), Ky. Rev. Stat. Ann. § 367.100 et seq., restitution and other equitable and declaratory relief. Corder alleges that in May 2004 he purchased a Model Year 2004 F-250 Ford F-Series Super Duty Truck with a 6.0L ... More... $0 (07-16-2008 - KY)
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Paul Bariteau v. PNC Financial Services Group, Inc., et al.
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In the late 1990s, Paul Bariteau lost nearly $14 million that he had invested in the Military Channel after the company’s vice president and chairman, Lenny Krane, made several unauthorized withdrawals from the company’s account with PNC Bank.
In 2006, after obtaining a default judgment against the judgment-proof Krane, Bariteau filed a complaint against PNC, alleging that PNC had brea... More... $0 (07-16-2008 - KY)
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Sophia Savage v. Three River Medical Cetner
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Sophia Savage sued Three River Medical Center on a medical negligence theory (medical malpractice) claiming that the nursing staff of the hospital acted below the standard of care when a sponge was left in her abdomen at the end of a surgical procedure in December 2001. ... More... $861178 (06-14-2008 - KY)
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Claude L. Bassett v. The National Collegiate Athletic Association and University of Kentucky Athletic Association
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Appellant Claude L. Bassett (Bassett) was an assistant football
coach for the University of Kentucky (UK) from 1997-2000 when he resigned due to allegations
of The National Collegiate Athletics Association (NCAA) rules infractions. Bassett filed suit
against NCAA, the Southeastern Conference (SEC) and the University of Kentucky Athletic
Association (UKAA), alleging conspiracy to violate antitr... More... $0 (06-13-2008 - KY)
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Joe Shane v. Bunzl Distribution USA, Inc.
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When Joe Shane first appealed his contract claim to this court, we
affirmed the district court in all respects save one: We remanded Shane's request to file a third
amended complaint because the court gave no explanation for denying the motion. On remand, the
district court provided an explanation for denying the motion, one that lies within the range of
discretion given to the district courts... More... $0 (04-30-2008 - KY)
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Kathy Conner v. State Farm Mutual Automobile Insurance Company
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Plaintiff Kathy Conner appeals the district
court's grant of summary judgment in favor of Defendant State Farm Mutual Automobile Insurance
Company ("State Farm") and the denial of her Rule 59(e) Motion to Alter or Amend the Judgment.
Conner brought suit against State Farm, alleging that State Farm violated Kentucky's Civil Rights
Act, KY. REV. STAT. § 344.040(1), by discriminating against... More... $0 (04-16-2008 - KY)
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Bernard Mulligan v. Don's Auto Clinic and Samuel T. Barrett
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The Family and Estate of Bernard Mulligan sued Don's Auto Clinic and Samuel T. Barrett on a negligence theory for his wrongful death. Plaintiffs claimed that defendants negligently repaired Mulligan's 1995 Buick Riviera on November 4, 2004. Two days later, the engine caught fire while it was idling. Mulligan suffered burns over more than 45 percent of his body and died three days later.
The ... More... $3250000 (03-27-2008 - KY)
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LSI Industries, Inc. v. Imagepoint, Inc.
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ImagePoint, Inc. ("ImagePoint") and Marketing Displays, Inc. ("MDI") appeal from a final decision of the United States District Court for the Eastern District of Kentucky (Bertelsman, J.), LSI Indus., Inc. v. ImagePoint, Inc., No. 00-CV-197 (E.D. Ky. Mar. 21, 2007) ("Summary Judgment Order"). That order granted summary judgment of non-infringement to LSI Industries, Inc. ("LSI") and Keyser Industr... More... $0 (03-19-2008 - KY)
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Deborah Prechtel v. Kellogg's d/b/a Kellogg's Snacks
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The plaintiff, Deborah Prechtel, appeals the district court's grant of
summary judgment to the defendant, Kellogg's, doing business as Kellogg's Snacks, on
Prechtel's state-law claims of sex-based discrimination, retaliation, and unequal pay. The
district court held that the plaintiff failed to adduce any evidence to establish a genuine
issue of material fact regarding the claims raised in her... More... $0 (03-18-2008 - KY)
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Charles Rose v. Jeremy Thompson
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Charles Rose, individually and on behalf of his son and the Estates of Alice Rose and Ashley Rose, deceased, sued former McCreary County Sheriff's deputy Jeremy Thompson on a negligence theory for their wrongful death in an automobile accident in August 2003. Plaintiffs claimed that Ms. Rose drove her car onto U.S. Highway 27 in front of Thompson's oncoming vehicle because she failed to realize t... More... $5140000 (03-19-2008 - KY)
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Elizabeth B. Rose v. Hartford Financial Services Group, Inc., et al.
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Plaintiff-appellant Elizabeth Rose claims that
Continental Casualty Company ("Continental") wrongfully terminated her long-term disability
benefits in violation of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001
et seq. The district court determined that Continental's decision to terminate Rose's benefits was
not arbitrary and capricious, and Rose appealed. Upon review ... More... $0 (03-17-2008 - KY)
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Family and Estate of Alice Rose v. Jeremy Thompson and McCreary County
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Family and Estate of Alice Rose v. Jeremy Thompson and McCreary County on a governmental tort claim wrongful death theory for the death of Alice, age 28, whose car was hit by a county police cruiser being driven a more than 45 mph over the speed limit by Thompson. ... More... $5000000 (03-15-2008 - KY)
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Roll Coater, Inc. v. Chauffeurs, Teamsters and Helpers Local Union No. 215
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This case presents the question of whether an arbitrator was
arguably construing the collective bargaining agreement between Roll Coater, Inc. and Chauffeurs,
Teamsters and Helpers Local Union No. 215 when he ordered the reinstatement of employee Stacy
Westerfield. Roll Coater discharged Westerfield for cause under the CBA for allegedly drinking
alcohol on the job and for taking prescription m... More... $0 (02-05-2008 - KY)
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Joseph P. Malloy v. John E. Potter, Postmaster General
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Plaintiff, Joseph Malloy, appeals the district court's grant of
summary judgment in favor of the defendant Postmaster General of the United States Post Office
("Post Office"), on his claims of reverse gender discrimination, age discrimination, retaliation in
violation of the Age Discrimination in Employment Act of 1967 and Title VII of the Civil Rights
Act of 1964 and his combined claim of har... More... $0 (02-26-2008 - KY)
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Ronald N. Simon v. John Cook
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On October 31, 2003, Ronald Simon telephoned the Lexington
Police Department to report that government officials had been harassing him. After two officers
arrived at his house, Simon allegedly stated that the police and county coroner had been harassing
him and that many agencies and government officials were implicated in the alleged harassment.
Officer John Cook handcuffed Simon after ... More... $0 (01-30-2008 - KY)
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CGH Transportation, Inc. v. Quebecor World, Inc.
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This case arose out of a billing dispute in
which one company provided interstate and intrastate shipping services to the other company.
Plaintiff-appellant CGH Transport, Inc. ("CGH") appeals the district court's (1) partial grant of a
motion to dismiss, (2) partial grant of summary judgment, (3) denial of a motion to reconsider, and
(4) denial of several motions to amend in favor of defen... More... $0 (01-16-2008 - KY)
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Aletha Wills v. Pennyrile Rural Electric Cooperative Corporation
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Plaintiff-Appellant Aletha Wills ("Wills")
filed suit in federal court against Defendant-Appellee Pennyrile Rural Electric Cooperative
Corporation ("Pennyrile") alleging employment discrimination based on race in violation of Title
VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e-2, and the Kentucky Civil Rights Act, KRS §
344.040. The district court granted summary judgment in favor of ... More... $0 (01-09-2008 - KY)
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Steven H. Mitchell, Jr. v. Michael J. Astrue, Commissioner of Social Security
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On March 21, 2007, the United States District Court for the
Eastern District of Kentucky upheld, as supported by substantial evidence, the decision of the
Commissioner of Social Security denying the application of plaintiff Steven H. Mitchell, Jr., for
disability insurance benefits. Plaintiff now appeals the district court's judgment, contending the
court failed to consider the whole record... More... $0 (12-03-2007 - KY)
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THIENEMAN MULTIFAMILY PROPERTIES, LLC APPELLANT
v.
THORNTONS, INC.
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Thieneman Multifamily Properties, LLC, (Thieneman)
appeals from an order of the Jefferson Circuit Court dismissing its action against
Thorntons, Inc. In its verified complaint, Thieneman alleged that Thorntons owns
property (tracts 7 and 8) subject to a thirty-foot easement intended to benefit an adjacent
parcel (tract 9). Tract 9 was ultimately conveyed to Thieneman. Thieneman alleged that... More... $0 (10-26-2007 - KY)
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Graoch Associates #33, L.P. d/b/a Autumn Run Apartments v. Louisville/Jefferson County Metro Human Relations Commission
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The Section 8 voucher program is a voluntary program through which
the federal government provides rent subsidies to eligible low-income families who rent from
participating landlords. See 42 U.S.C. § 1437f(a). The Fair Housing Act, also known as Title VIII,
bars discrimination "against any person in the terms, conditions, or privileges of sale or rental of a
dwelling . . . because of race ... More... $0 (11-26-2007 - KY)
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Bryan C. Jolley v. Ronnie D. Harvell, et al.
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Plaintiff Bryan C. Jolley ("Jolley") appeals from the
order of the district court granted summary judgment to Defendants Ronnie Harvell ("Harvell") and
Calvert City, Kentucky in this § 1983 action based on an allegedly illegal arrest. For the following
reasons, we AFFIRM.
I. Background
At approximately 2:00 a.m. on October 6, 2002, Defendant Officer Ronnie D. Harvell, a
police... More... $0 (11-16-2007 - KY)
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Timothy Morrison, et al. v. Board of Education of Boyd County
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Timothy Morrison ("Morrison") was a student
at Boyd County High School ("BCHS"). He is a Christian, and he believes that homosexuality is
a sin. He further believes that part of his responsibility as a Christian is to tell others when their
conduct does not comport with his understanding of Christian morality. During the 2004-05
academic year, BCHS had a written policy prohibiting students ... More... $0 (11-06-2007 - KY)
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Geneva Hager v. Allstate Insurance Co.
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Geneva Hager, age 60, sued Allstate Insurance Co. claiming that it's claim-handling procedures violated Kentucky's Unfair Claims Settlement Practices Act. Hager claimed that Allstate failed and refused to settle the claim that she made for injuries that she claimed that she sustained in a 1997 rear-end automobile accident in Lexington, Kentucky until late in 1999 after her case was scheduled f... More... $0 (10-11-2007 - KY)
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Brenda Osborne v. Steven Keeney
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Brenda Osborne sued Steven Keeney on a negligence theory (legal malpractice) claiming the he failed to handle a claim on her behalf property.... More... $5000000 (08-29-2007 - KY)
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Rosietta Taylor and Linda Cannon, Co-Administrators of the Estate of James Edward Taylor v. Det. Mike O'Neil, Division of Police; City of Louisville/Jefferson County Metro Government
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On December 23, 2003, Rosietta Taylor and Linda Cannon brought a
wrongful death action on behalf of the Estate of James Edward Taylor ("Estate") against
the City of Louisville ("City"), the Louisville Police Department ("LMPD") and
Detectives Mike O'Neil ("O'Neil") and Brian Luckett ("Luckett") of the Louisville
Police Department. The claim arose from the December 5, 2002, shooting of James... More... $0 (07-20-2007 - KY)
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Charles E. Brewster v. Colgate-Palmolive Company and Jewish Hospital Healthcare Services, Inc.
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Charles E. Brewster appeals from
separate summary judgments entered by the Jefferson Circuit Court in favor of Jewish Hospital HealthCare Services, Inc., and
Colgate-Palmolive Company. Brewster's claims were filed against
Jewish Hospital and Colgate in 2001 following his being
diagnosed with asbestosis. We affirm.
Brewster worked for numerous employers at various
locations during his... More... $0 (08-26-2007 - KY)
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Larry Sutherland, et.al., v. Harrodsburg First Financial Bancorp, Inc.
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1st Independence Financial Group, Inc. (the "Company") (NASDAQ: FIFG), the holding company of 1st Independence Bank, reported today that on July 18, 2007 a jury in the case of Larry Sutherland, et.al., v. Harrodsburg First Financial Bancorp, Inc., in the Circuit Court of Anderson County in the Commonwealth of Kentucky, Case No. 04-CI-00167, returned a verdict awarding damages to the plaintiffs... More... $403620 (07-25-2007 - KY)
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Carol Lynne Maner v. Fayette County Kentucky
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Carol Lynne Maner, age 44, sued the Fayette County Kentucky on a negligence theory claiming that the administrators of Beaumont High School failed to protect her from being sexually abused by science Jack Russell Hubbard, age 60, at the school more than 30 years ago.... More... $3700000 (07-24-2007 - KY)
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Static Control Components, Inc. v. Lexmark International, Inc. et al
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Static Control Components sued Lexmark on a number of different theories claiming that defendant attempted to prevent SCC's customer from using SCC computer chips that are used to remanufacture printer ink cartridges for Lexmark printers.
Lexmark counterclaimed asserting that SCC's chips infringed patents held by Lexmark and violated the Digital Millennium Copyright Act (DMCA).... More... $0 (06-22-2007 - KY)
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CTA Acoustics v. Borden Chemicals
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CTA Acoustics, Inc. today announced
that a jury in the Circuit Court of Laurel County, Kentucky has found
Borden Chemicals 100 percent liable for the explosion and fire that killed
seven employees at the CTA Acoustics plant in Corbin, Kentucky on February
20, 2003.
"We are very gratified that the jury has found Borden 100 percent
liable for this tragedy," said CTA Chairman and CEO ... More... $122000000 (05-24-2007 - KY)
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Keith Baird v. Louisville & Indiana Railroad Company
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Keith Baird sued his employer, Louisville & Indiana Railroad Company on a negligence theory, FELA, claiming that his left leg was traumatically amputated when he was run over by a rail car that was moved without notice to him by his supervisor. The accident, which occurred on October 2, 2004, resulted in Baird being operated on 36 times.
Defendant claimed that the accident occurred because... More... $7900000 (03-15-2007 - KY)
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A.R., by Her Next Friends, M.R. and W.R.; and M.R. and W.R., on their own behalf v. Fayette County Board of Education, et al.
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A.R., by her next friends M.R. and W.R., and
M.R. and W.R., on their own behalf (collectively "A.R."), have appealed from the order of the Fayette Circuit Court entered on
July 22, 2004, which dismissed all claims against the appellees,
the Fayette County Public Schools (FCPS), the Board of Education
of Fayette County (the Board), Michael Brady, and Earl Stivers.3
Having concluded that the... More... $0 (01-20-2007 - KY)
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Patrick D. McConnell; Mary Elizabeth McConnell v. Matin B. Stivers, et al.
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Patrick D. McConnell and Mary Elizabeth
McConnell appeal from a judgment of the Jefferson Circuit Court
which, as relevant to their appeal, (1) required them to remove
structures encroaching upon a tract of property owned by Martin
B. Stivers, Marion Patricia Stivers, William G. Norris, Jr., and
Angela Rosemary Norris (collectively Norris/Stivers) and a tract
of property owned by Ronald a... More... $0 (01-20-2007 - KY)
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Terry Malin and Nancy Malin v. Dewayne Jones and Rhonda Jones, et al.
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These appeals originate from rulings of the
Laurel Circuit Court regarding a parcel of real property.
Appellants, Terry and Nancy Malin, appeal the trial court's
dismissal of their claims against Appellees/Cross-Appellants,
Dewayne and Rhonda Jones; Appellees, David and Donna Travillian;
and Appellee, Cumberland Valley National Bank. The Joneses
appeal the dismissal of their claims agains... More... $0 (01-20-2007 - KY)
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Terry A. young and Lynn Y. Young v. Vista Homes, Inc., et al.
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These are consolidated appeals and cross-appeals
from separate judgments of the Hardin Circuit Court confirming
jury verdicts in two related trials. In all of these cases, the
homeowners entered into contracts for the construction and
purchase of purported four bedroom homes. However, the septic
systems for these houses only met the building code standards
for three bedroom homes. For the... More... $1 (01-12-2007 - KY)
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Metropolitan Life Insurance Company v. Russell D. Conger
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In 2002, Plaintiff Russell D. Conger filled out
an on-line application and purchased a long-term care insurance policy under the Federal Long-Term
Care Insurance Program ("FLTCIP"). When he sought to collect benefits, Metropolitan Life
Insurance Company ("MetLife") refused to pay, voided the policy, and then sued for rescission and
declaratory relief. Because we conclude that MetLife abus... More... $0 (01-16-2007 - KY)
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Collen Sarah Pinkston v. Audubon Area Community Services, Inc., et al.
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Colleen Sarah Pinkston appeals from a summary judgment by the Daviess Circuit Court dismissing her personal injury claim against her landlord, Lincolnshire North Apartments, Inc., and Audubon Area Community Services, Inc. She argues that the trial court erred in finding that Lincolnshire could not be liable for personal injuries caused by a breach of its agreement to repair her leased premises.... More... $0 (11-30-2006 - KY)
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Helen Hammons v. Central Baptist Hospital, Lisa Bradford, Cynthia Blair and Craig Harris
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Helen Hammons and Ray Hammons sued Central Baptist Hospital, Lisa Bradford, Cynthia Blair and Craig Harris on a medical malpractice (medical negligence) theory claiming that the defendant hospital personnel failed to keep track of the supplies used by Dr. Helle G. Bradley during a hysterectomy procedure at the hospital in June 2004 with the result that a surgical sponge was left in her abdomen.... More... $1700000 (12-20-2006 - KY)
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Patricia Emro v. St. Elizabeth Medical Center South and Dr. Jerald Furer
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Patricia Emro sued St. Elizabeth Medical Center South and Dr. Jerald Furer on a medical malpractice theory claiming that the brain damage that her child suffered after birth was caused by the negligence of the defendants. Candice, now 8, is unable to walk and is moved around in a wheelchair. Her brain damage has left her with little control over her body.
Defendants denied fault.
... More... $0 (11-02-2006 - KY)
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