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***11-13-12 – This is a gripping bench trial order from a devastating and awful med mal against the USA arising from substandard care at a Native American hospital in Choctaw, MS. This is hard to read. Terrible. Clemons v. USA. Great writing by the trial judge, Carlton Reeves.

The Horrific Federal Tort Claims Act Med Mal

***10-11-12 – We have the verdict form in last month’s popcorn lung $7.2 million result from Denver, Colorado. Watson v. Kroger et al. For details on the case, see this article from the LA Times.

Popcorn Lung Verdict

***10-7-12 – The preview of the October 2012 has been published

The October 2012 Preview

***10-4-12 – President Barack Hussein Obama, who may be from Africa but isn’t, has won his Kentucky challenge by an anesthesiologist (Todd House) that questioned if Obama was a natural born citizen. Judge Thomas Wingate in Frankfort ruled today and dismissed the case. Scott Wantland of Shepherdsville defended the President. Jaret Hill (who?) of Louisville for the challenger. We’ve got the order. And if looks like a duck and talks like a duck, Dr. House might be a quack.

The Order Dismissing the Obama Lawsuit

***10-4-12 – We’ve got the motion for a new trial in the Target slip and fall case with a broken hip where the jury awarded medicals of $50,936 and nothing for pain and suffering. Federal Judge Thomas Russell sent the jury to deliberate a second time. This time the jury awarded pain and suffering of $5,000. The judge had sent the jury for this second deliberation over the objection of the plaintiff. See the motion for a new trial.

The Motion for a New Trial

***10-2-12 – Man’s penis froze to death following penile prosthesis surgery. Later amputated. Nurses had applied an ice pack to reduce swelling. For 19 hours. Lawrence Jones of Jones Ward, Louisville for the plaintiff. We’ve got the complaint that was filed yesterday in federal court in Louisville.

Frozen Penis Complaint

***10-2-12 – More on the bad faith verdict. We now have the plaintiff’s trial brief. It jumps into the facts around page 6.

The Bad Faith Trial Brief

***10-2-12 – We’ve got the verdict form from yesterday’s $3.425 million bad faith verdict in Campbell County. Robert and Jeff Sanders tried for the plaintiff. Verdict includes $925,000 for the plaintiff’s mental anguish.

The Bad Faith Verdict Form

***9-11-12 - $3.5 million texting verdict in Chattanooga. Phantom driver texting. Caused a motorcyclist to lose control. Serious brain injury. Verdict returned last Friday. Patrick Cruise of the Hamilton Firm tried it. Brian Trammell defending.

The Texting Verdict

***9-10-12 – We’ve got the big Wyeth verdict form returned Friday in Salt Lake City. $5.1 million. Wyeth has won 9 of 12 cases. Plaintiff’s batting .250. Which if you have 5,000 or swings to go, equals 1,250 hits, all over a million right? $1.25 billion in exposure. And one small cut at a time. Beasley Allen from Montgomery, Alabama led the way on the defense, Frank Woodson on the mound for Tokuda. Heidi Hubbard led took the loss from Williams & Connolly out of D.C.

Go check out the verdict. Okuda v. Wyeth.

The Wyeth Verdict from Salt Lake City

***9-7-12 – Lots of news this morning to recap.

1 - The letters from the alleged Springdale Community church shooter. Disturbing. – The Shooter’s Correspondence

2 -The formerly secret court records from the Savannah Dietrich case including the police interviews of the defendants Frey and Zehnder

Savannah Dietrich Court Record – Part Two

Savannah Dietrich Court Record – Part One

Savannah Dietrich Court Record – Part Three

Will Frey and Austin Zehnder Police Interviews (PDF)

3 - The order from the Florida Supreme Court suspending Winters & Yonker.

The Order Suspending Winters & Yonker.

4 - The Greatest Deposition Answer Ever – A must read – The transcript in PDF.

***9-6-12 – This is correspondence from the presumed Springdale Community Church HOA double-shooter this evening in East Jefferson County. I was at my daughters’ soccer practice at the adjoining YMCA fields just minutes before it occurred. This gentleman was disturbed.

The Shooter’s Correspondence

***9-6-12 – The aggressive lawyers from Winters & Yonker have been suspended by the Florida Supreme Court. Read the order issued today. Still no report from Rousselle. Miss that guy.

The Order Suspending Winters & Yonker.

***9-4-12 – The September issue of the Kentucky Trial Court Review is out. Today. We’ve got a preview. And you’re not subscribing? Really. Take a look at what is coming this month.

The September 2012 Preview

***9-4-12 – These are the original transcriptions of the police interviews conducted by Detective Chris Horn of Austin Zehnder and Will Frey in March of 2012. Zehnder had counsel and waived his rights. Frey was arrested at school and waived his rights without speaking to his parents or an attorney.

Will Frey and Austin Zehnder Police Interviews (PDF)

***9-1-12 – Part three in collection of documents from the Savannah Dietrich case. Includes the contempt motion and the plea recommendation, among other motions.

Savannah Dietrich Court Record – Part Three

***8-31-12 – Our second group of documents in the Savannah Dietrich case.

Savannah Dietrich Court Record – Part Two

Savannah Dietrich Court Record – Part One

***8-31-12 – The full copy of the infamous contempt motion made by the boys in the Savannah Dietrich case that made this a matter of a public concern.

The Contempt Motion

***8-31-12 – The juvenile records in the prosecution of Austin Zehnder and Will Frey involving Savannah Dietrich were released. We received them yesterday from the Clerk’s Office. They are now posted here. More to come this weekend.

Savannah Dietrich Court Record – Part One

***8-28-12 – Judge Bisig entered her order today opening the file in the Austin Zehnder and Will Frey prosecution involving the sexual assault of Savannah Dietrich. It is a disturbing. We’ve got it. Read it.

Judge Bisig’s Order Opening the Juvenile Records

***8-22-2012 – This is the complete jury verdict in Willis v. Abbott Laboratories et al, 628-354 from Jefferson Parish. A little boy suffered cardiac arrest and a profound injury when his heart pump (made by Abbott failed) after surgery and he got a free flow of epinephrine. Sued the hospital and Abbott. Abbott entered a secret settlement. Against the empty chair (and at urging of the hospital), jury found Abbott 65% at fault for their defective pump. Gross verdict was $23,727,916.

Abbott hated this. Has moved to seal the verdict because it is harming Abbott commercially. Bruce Cranner, Frilot, New Orleans and Kathleen Hardway, Venable, Baltimore, MD on the motion. It is set for hearing.

We have the verdict.

The Verdict Abbott Doesn’t Want You to See

***7-23-12 – No other confirmation, but Savannah Dietrich indicates this afternoon (2 or so) that the contempt charges against her have been dropped. But it still may not be over. Her tweet:
THE CHARGES WERE DROPPED! Now the boys are trying to press a civil suit on me... When will this end?!

We have more news (sometimes more quickly) on our Facebook page - The Kentucky Trial Court Review | Facebook

***7-22-12 – Have you had a gander at the July 2012 Kentucky edition? It’s a pretty good one. The sample preview is at July 2012. Go take a look at the cases that were recently tried in Kentucky. And if you haven’t seen our premiere Arkansas issue – well August 2012 Arkansas Jury Verdict Reporter has been published. [It is a complete issue.]

***7-22-12 – This is the next tweet that Samantha Dietrich tweeted after she named her attackers. The girl’s got guts:
They said I can't talk about it or I'll be locked up. So I'm waiting for them to read this and lock me up. Fuck justice.

(This was tweeted by Dietrich on the afternoon of 6-26-12.)

***7-22-12- The full text of the Samantha Dietrich tweet that started the firestorm. We’ll have more updates on this interesting story.
Will Frey and Austin Zehnder sexually assaulted me. There you go, lock me up. I'm not protecting anyone that made my life a living Hell

***3-9-12 - Reports of a Fratzke verdict this week in Kenton County before Judge Summe. Involved a complex nursing home fall case. Plaintiff won on one of three counts, but there were damages available because of the Fratzke finding. Ouch. Bill Oldham of Middleton & Reutlinger defended. Hearing McHughes Fuller from Mississippi tried the case. Has anyone noticed that only out of state lawyers get Fratzke'd anymore?

***3-8-12 - We have a sample today from the March 2012 issue that features a few verdicts and the table of contents. Happy Reading. March 2012 sample.

***2-27-12 - Defense verdict returned in Somerset last week in a cardiothoracic surgery case in Pulaski. That's not so surprising. Interesting. Plaintiff's counsel (Joe Bednarz, Sr., Nashville) got Fratzke'd, having failed to supplement CR 8.01(2) interrogatories. Defense moved for a DV on pain and suffering on the 5th day of trial. Plaintiff didn't see it coming. Trial judge (Burdette) ruled the plaintiff's motion to supplement his answers was not seasonable. The jury didn't consider pain and suffering. And it was moot anyhow, a defense verdict being returned. The judge's written order granting the DV is at the link. Clay Edwards and Ben Weigel with O'Bryan Brown & Toner defending.

The Fratzke DV Order

***2-9-12 - The much watched Becker malpractice trial concluded today during lunch. 9-3 verdict for the Becker Law Office. The instructions were long. And confusing. We've got'em. The jury found for Becker under instruction No. 4 and No. 10.

The Becker Malpractice Instructions

***1-13-12 - We've got the Court of Appeals opinion (issued today) that stunningly and decisively reversed Judge Eckerle and the conviction in the publicized Commonwealth v. Susan Lukjan arson prosecution. [Lukjan had operated Campbell's Cottage in St. Matthews.] Eckerle (who clashed with Lukjan's attorney, T. Clay) had ruled a fire expert from EKU could not testify as to the cause of the fire because he was not a licensed private investigator. It was an odd ruling and the COA concluded it was reversible error.

The Opinion in Commonwealth v. Lukjan

***1-9-12 - In this He Said He Said case that was just filed, the plaintiff (a trucker) alleged his boss repeatedly made sexual advances and requested a blow job. The trucker suffered retaliation when he refused. Vanessa Cantley for the plaintiff. We've got the complaint. I'm not sure you want to read it. But this is real life people.

The Complaint

***1-5-12 - On 11-30-11 in the case of Russell v. Three Rivers Hospital (a birth injury death case), a jury in Lawrence County awarded $1.183 million. The primary award of damages was the pain and suffering of the brain-injury damaged infant. Both the mom's consortium and the baby's destruction were rejected. The hospital learned jurors were facebooking in trial and moved for a new trial. The plaintiff too sought a new trial on the failure to award destruction. The trial judge granted the hospital's motion the first week of January in 2012. We've got the hospital's motion and the order.

The Hospital's Motion

The Judge's Order Granting a New Trial

***1-1-12 - The KTCR 2011 Year in Review has been published. It is at 728 pages and has lots of new reports, including on the largest pain and suffering awards of the last 14 years. There is also a new most prolific law firm . . . and it isn't O'Bryan Brown & Toner. Call us toll-free to order the book at 1-866-228-2447. It sells for $255.00 plus tax. Or print the order form and mail it to us.

2011 Order Form

***11-29-11 - This is really the best Better Business Bureau complaint I've ever seen. Ever. It's got everything. Highly recommended. But please read page 2 and 3 of the PDF (it's 3 pages long) before reading the cover letter. Enjoy. The Shocking Better Business Bureau Complaint

***8-24-11 - We have our exclusive report on the penis amputation verdict from Shelby County that was returned this afternoon, including a 15-year penis verdict history in Kentucky. The Penis Amputation Verdict Report

***7-29-11 - This case has a twist. Plaintiff complained of a back injury after a multi-car rear-ender. Awarded $200,000 for future medicals and $130,000 for future suffering. No award. Nothing for past suffering. Verdict totals $330,000. Defendant has moved for a new trial in this Bizzaro World Motion (remember Miller v. Swift - medicals - no suffering - no problem) - the defendant has argued she is entitled to a new trial because if there was no past suffering, how can there be any in the future? Shepherd v. Miller. The Motion for a New Trial in PDF.

***7-11-11 - The plaintiff was crossing the street and his foot was run over by a turning tractor-trailer. He suffered a broken foot and a degloving injury. A Louisville jury awarded him medicals of $143,887, but nothing for pain and suffering. Plaintiff sought a new trial on damages. And the motion was granted by Judge Maze. We've got the order in Ruhs v. Albert, 08-3339. We've got it. The New Trial Order. Cara Stigger for the plaintiff.

***6-17-11 - A child, Jacob Eberle, along with his friends, rang doorbells in their SE Louisville neighborhood (Glenmary) and ran away. One neighbor, Michael Bishop - pictured below in his booking photograph, flipped out and fired his shotgun at the children. Eberle was struck in the back (as he ran away) and suffered serious injuries. The boy has sued (yesterday) and we have the lawsuit. Eberle v. Shotgun Guy.

***6-16-11 - Noted Northern Kentucky trial attorney Eric Deters (he has tried and won complex medical cases)(he is also an author, publisher, movie-maker and radio-host) was sanctioned in federal court. Deters had sued the KBA alleging he was unfairly treated by the Ky. Bar in investigating complaints against him. Judge Reeves in Frankfort was not impressed and ordered sanctions. The hearing on the sanctions is set for July 13, 2011. The Judge Reeves Order. Deters has replied to the order in a 12-minute youtube video -- the Deters Reply.

***6-3-11 - In following up on the Winters & Yonker complaint from yesterday, today, we have a story regarding allegations they stole clients and other shenanigans in stealing clients and hacking into computers. The case advanced to a trial, the Florida Bar pursuing these claims. A trial judge rejected the charges, finding the "clear and convincing" evidence standard had not been met. The article from the Tampa Bay Tribune.

***6-2-11 - A lawyer for Winters & Yonker (a TV law firm) alleged he was fired for failing to refer new clients to 1-800-Ask-Gary clinics, 1-800-Ask-Gary sending injury clients to the law firm. Why did the lawyer object? Because he couldn't settle his cases for much. The complaint alleges a public policy termination count. And we've got it. The Winters & Yonkers complaint.

***5-26-11 - You liked Granacher Gone Wild? Our first feature film. We are pleased to announce that Granacher Gone Wild II - The Rapture is coming soon, straight to DVD. Announcements to come.

***5-13-11 - In this complaint that reads like a novel, Louisville attorney Donald Miller (formerly of Frost Brown Todd) has alleged his former employer, Cleveland-headquartered Reminger Co. improperly terminated him. That's easy enough. But it includes allegations that Reminger's biggest bigwig, Mario Ciano, pictured at left, grabbed Miller's wife's arm (and told her to get her fat ass on the dance floor) while at a lavish firm retreat in the Bahamas. Miller objected and was promptly fired. You want to read the complaint. The shocking Miller v. Reminger complaint

***5-12-11 - We have the blockbuster motion in the Thurman medical case from Bowling Green. [$2.5 million wrongful death medical case from Bowling Green where defense doctors admitted fault on the eve of trial. Award includes punitives of $500,000.] In the motion, the plaintiff has sought costs and other relief associated with the defense havin denied Requests for Admissions, only to admit them on the eve of trial. The CR 37/11 motion.

***4-27-11 - This is how you start off a deposition. The transcript in PDF.

***4-21-11 - $1.7 million dollar verdict returned in an infant death case in Warren County. However no destruction awarded. Judge Grise sent the jury to deliberate again consistent with Turfway v. Griffin (which doesn't actually say that). Anyhoo, jury deliberated again and upped the award to $2.5 million. Todd Thompson, Millicent Tanner and Chad Propst for the plaintiff. David Broderick for the defense. A motion in the case is here (PDF - 30 pages) and describes the facts in detail.

***1-31-11 - $300,000 USERRA verdict against Oldham Co Police last week in federal court in Louisville. Offered a job to an ex-Marine serving in the Nat. Guard. When the PoPo learned he was in the Guard, the offer was rescinded. William Donnell for plaintiff. Louisville McBrayer McGinnis lawyers for the police. The police chief had argued his conduct was not willful as why he didn't want to hire the plaintiff because of his guard duty, he asked a (apparently bumbling) county attorney for advice and was told the firing was fine. Thus simply knowing about the law didn't mean a willful desire to flaunt it. The jury was not impressed.