Noteworthy Verdicts & Settlements

In 1991, Tom Herren and Chuck Adams obtained the first $1 million products liability jury verdict in Fayette Circuit Court history. Since then, clients of Chuck Adams have received jury verdicts in excess of $2 million and $6 million in two automotive products liability cases. Tom Herren obtained a verdict in excess of $2 million in an alcohol liability case against a liquor store which sold beer and rum to minor boys, who after consuming alcohol, drove a vehicle into Tom's clients, killing a father and severely brain injuring a four-year-old boy. Both Tom and Chuck have obtained jury verdicts for punitive damages in insurance bad faith cases which were affirmed on appeal. In the fall of 2001, their client received a $1.7 million verdict - the largest verdict at that time in a LASIK surgery malpractice case, according to Lawyers Weekly.

Nursing Home Staff Held Responsible in Resident Death

A nursing home resident died following a medication error only two days after his admission to the facility. The jury found that the nurse practitioner that allegedly ordered the medication was at fault for incorrect and inappropriate dosing.

The jury found that the nursing home staff who administered the medication was at fault for failing to monitor the resident and intervene appropriately when the resident demonstrated profound low blood sugar after the incorrect medication dosing.

The jury also noted that there was a violation of the Resident's Rights when the nursing staff failed to notify the family when the low blood sugar occurred. The jury found the conduct of the nurse practitioner and the nursing home staff was reckless and outrageous and awarded punitive damages.

Back to Top

Jury Awards Over $1 Million for Thoracic and Lumbar Vertebra Fractures and Injuries

There was a $1,015,314 verdict in Fayette Circuit Court. The plaintiff was doing work on a residential street. A resident backed out of her driveway and ran him over. He suffered a fracture and dislocated thoracic and L-1 vertebrae.

The primary defense was to blame the plaintiff's employer for failing to properly mark the work zone. The jury rejected that defense. The verdict included $500,000 for pain and suffering.

Thomas Herren tried the case for the plaintiff. This is Mr. Herren's third million dollar jury verdict this year.

Back to Top

Multi-Car Crash Leads to $1.9 Million Settlement

There was a $1.99 million verdict in Garrard County. The plaintiffs, operators of a Mediterranean restaurant in Lexington, were involved in a multi-car crash with a police officer (the police officer was killed) and a third driver. It occurred on U.S. 27 near the Kentucky River.

The primary plaintiff suffered multiple fractures and took $1.565 million. His wife suffered a serious knee injury and was awarded $407,010.

The jury found the police officer (believing he was speeding) 70% at fault, the driver who pulled in front of the police car 29% at fault and the plaintiff just 1% at fault. Thomas Herren tried it to a verdict on April 17th, 2017.

Back to Top

Ex-Loading Dock Worker Receives $1 Million Judgment for Hand Injury

A jury yesterday awarded more than $1 million to a Lexington man whose hand was crushed in a conveyor belt while he was working at the Herald-Leader.

The jury determined that the manufacturer of the conveyor belt, IDAB Inc., was responsible.

Chuck Adams and Thomas Herren said that the conveyor belt should have had a guard that would have prevented DeRossette's hand from being caught.

The Fayette Circuit Court jury awarded $600,000 for past and future physical, mental and emotional suffering and $450,000 for his impairment to earn money.

Herren said there was testimony that IDAB had knowledge of at least two other similar injuries on its conveyor belt at another newspaper within one year before DeRossette's injury.

Back to Top

Liquor Store Held Responsible in Crash

Owners of a now-closed Lexington liquor store where a clerk sold beer and rum to a Scott County teenager are partly to blame for a fatal traffic accident caused by another teenager who had become intoxicated on the liquor.

A Scott Circuit Court jury on Monday found the owners of the liquor store 30 percent liable for injuries to a young boy who was severely injured in the crash Nov. 16, 1984.

On the third day of trial, the jury awarded the minor child $6,489,500. The jury, however, apportioned 70 percent of the fault to Neal, the teenager driving the car. It apportioned 30 percent of the fault to the partnership doing business as Newtown Spirits Shoppe. The 30 percent amounts to $1,946,850.

Lexington attorney Tom Herren represented the plaintiff.

Herren thought the jury's verdict bore a message.

"This is an indication of the importance that our communities and society put on the responsible sale, distribution and use of alcohol."

Back to Top

Jury Awards $1.7 Million in Eye-Surgery Malpractice Case

Tonya Oliver has been unable to see anything but a blur out of her left eye for the past three years - ever since she had four LASIK operations within one year.

Oliver's attorney, Thomas Herren, agreed.

This matter was later reversed on appeal and remanded for new trial, due to an error by the trial court and then resolved by agreement.

To view the Lawyers Weekly LASIK surgery article click here.

Back to Top

Jury Awards $20 Million Verdict Against Ford Motor Company

A Georgetown, Kentucky jury held that Ford Motor Company should pay in excess of $20 million for two deaths, the loss of an arm to another and lesser injuries to a fourth occupant of a Ford E-350 15-passenger van. The jury found that the van was defective and unreasonably dangerous due to its high propensity to roll over in common avoidance maneuvers.

Chuck Adams of Law Offices of Herren & Adams LLP represented the parents and estate of a 16-year-old killed in a rollover accident just north of Lexington, Kentucky. Chuck Adams' clients received a jury verdict in excess of $6.75 million.

Back to Top

Honda Ordered to Pay $2.56 Million Verdict

After two appeals, the Sixth Circuit (federal) Court of Appeals in Cincinnati ordered American Honda Motor Company to pay over $2.56 million as a result of brain and orthopedic injuries sustained by a 9-year-old boy on a Honda 50 motor scooter. Honda sold the tiny motorcycle with a recommendation in the owner's manual and in Honda sales literature that the cycle was safe for users age 7 and above.

The case was originally thrown out by the federal trial court in Lexington, Kentucky. On the first appeal, the Sixth Circuit Court of Appeals ordered that the case go to trial. At trial, the plaintiff offered uncontradicted evidence that children 7 to 10 years of age lacked the cognitive skill and developmental judgment to operate a motorized machine that travels in excess of 35 mph.

Following the multi-million dollar jury verdict, Honda appealed again and the Sixth Circuit Court of Appeals held that the verdict must stand. The plaintiff was represented by Chuck Adams of Law Offices of Herren & Adams LLP.

Back to Top

Misc. Other Verdicts and Settlements

  • $4.5 million – motor vehicle/products liability involving vehicle roof crush
  • $4 million – motorcycle – commercial tractor-trailer collision
  • $1.5 million – medical negligence jury verdict arising from misdiagnosis of appendicitis by ER physician and death of seventeen-year-old girl
  • $1.45 million – settlement for forty-five-year-old lady misdiagnosed cerebral bleed by ER
  • $1.45 million – settlement for death of forty-two-year-old man in small plane crash
  • $1.1 million – motor vehicle accident involving high school kids on spring break
  • $1 million – settlement bad faith insurance practices regarding homeowner’s insurance, false claim of arson, failure to cooperate
  • $1 million – medical negligence/OB failed to diagnose retained products of conception/uterine infection causing death of twenty-nine-year-old new mother
  • $800,000 – negligent police response to emergency
  • $750,000 – settlement/hospital negligence death of forty-eight-year-old lady from stint injury
  • $700,000 – jury verdict road construction contractor negligence
  • $650,000 – settlement for broadside collision head and neck injuries from city dump truck
  • $550,000 – settlement vs. driver and alcohol seller over-serving/alcohol liability
  • $550,000 – bar room altercation
  • $500,000 – forklift malfunction due to improper maintenance
  • $500,000 – medication error by physician
  • $500,000 – settlement for severe leg injury to bicyclist hit by police cruiser
  • $385,000 – motor vehicle/alcohol liability involving major restaurant chain for over- serving twenty-one-year-old girl
  • $350,000 – medical settlement for LASIK damage from failure to screen contraindicated condition
  • $350,000 – settlement through multi-district litigation, heart damage from Ephedra
  • $275,000 – settlement for injuries to farmer from ATV product failure
  • $250,000 – for driver of vehicle hit by errant truck tire, crushing car roof onto her scalp and lacerating
  • $215,000 – settlement for ankle fracture arising from slip and fall injury
  • $205,000 – jury verdict against underinsurance carrier for back injury where underinsurance carrier offered nothing to settle
  • $200,000 – boating accident
  • Substantial settlement co-counseling carbon monoxide exposure brain and respiratory injuries

Peter Perlman's Verdicts and Settlements

  • Served as lead counsel in cases brought in the following states: Arkansas, Florida, Indiana, North Carolina, Ohio, South Carolina, South Dakota, Tennessee, Maryland, Texas and West Virginia
  • Served as lead counsel in over 50 cases where the verdict or settlement exceeded seven figures; many have emphasized consumer safety
  • Served on "trial team" and Steering Committee of litigation involving Comair 5191 crash in Lexington (2007-08)
  • Warner v. Rifle Coal, (Fleming County, Ky.); death of Fleming County resident; struck improperly placed construction equipment in detour (2008)
  • Burke v. U-Haul, (Fed. Ct., Louisville), $11.5 Million verdict; case involved rented tow dolly not suited for rental combination; caused rollover of vehicle and paraplegia to driver's wife; case received extensive publicity; was featured in article in L.A. Times) (2007)
  • Buckman v. Avery Dennison, (Nelson County, Ky.); driver of Explorer struck road reflector in highway; caused rollover of vehicle and death of driver (2007)
  • Hebert v. Chrysler, (Fayette County, Ky.); rollover of 15-passenger van during routine driving maneuvers; driver of van became quadriplegic (2006)
  • Bowling v. Mt. Sterling Water District, et al., (Montgomery Circuit Court); death of commercial diver who was sucked into and trapped in an intake pipe which was part of a reservoir expansion (2005)
  • Aldridge v. Chrysler, (Boone Circuit Court, W.Va.); Jeep Cherokee struck in side by another vehicle, rolled over, and ejected driver of Jeep; case involved design of seatbelt and occupant containment safety (2005)
  • Robins v. LFUCG, (Fayette Circuit Court); Eleven year old boy stopped in crosswalk in Hartland Subdivision; he was struck and killed by a city garbage truck (2004)
  • Vaughn v. Chrysler, (Clay Circuit Court); Stephanie Vaughn and her four children were struck by another vehicle on the Daniel Boone Parkway; case concerned intrusion into the passenger compartment of the Vaughn minivan; defects included lack of a side guard beam and structural failures within the passenger compartment (2004)
  • Armstrong v. Bee-Line, (Jefferson Circuit Court); Louisville Mayor struck and injured en route to work by vehicle operated by Bee-Line Courier Service; case received extensive media coverage prior to and during trial (2002)
  • Golden v. Chrysler, (Pickens County, S.C.); Kim Golden stepped out of her stopped minivan at a neighbor's driveway; the minivan's transmission jumped from "park" to "reverse" and ran over her and killed Kim and her unborn twins. The case received extensive publicity and was featured on Good Morning America and Primetime Live (2001)