Date: 03-27-2008

Case Style: Bernard Mulligan v. Don's Auto Clinic and Samuel T. Barrett

Case Number: 06-CI-03827

Judge: Martin McDonald

Court: Jefferson County, Kentucky

Plaintiff's Attorney: Philip Grossman and Jennifer Moore, Grossman & Moore, PLLC, Louisville, Kentucky

Defendant's Attorney: John R. Martin Jr. Landrum and Shouse

Description: 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 defense argued that the car was not negligently diagnosed, inspected or repaired and that the failure of the deceased to exit the vehicle was an intervening superseding cause .

Outcome: Plaintiff's verdict for $3.25 million.

Plaintiff's Experts: William Hagerty, Lee S. Cole and Associates. San Anselmo California Expert in vehicle fires

Defendant's Experts: Van Kirk, Collision Reconstruction Associates, Lexington, Ky. Expert in vehicle mechanics

Comments: Mark Modlin of the trial consulting firm of Modlin and Jones, Florence Kentucky, assisted plaintiffs’ counsel at trial.