Castle Rock Court Awards $4.87M in Nursing Home Negligence

A two-vehicle collision occurred on October 13, 2017, in Mayfield, Kentucky, at the intersection of Ky. 131 and Ky. 58. A 16-year-old permit driver, accompanied by a passenger, was making a left turn from Ky. 131 onto Ky. 58 when her vehicle collided with a vehicle operated by an intoxicated driver traveling on Ky. 58. Surveillance video showed the permit driver rolled through the stop sign and flashing red light before turning into the path of the oncoming vehicle. The intoxicated driver's blood alcohol content was later measured at .219. Both the permit driver and the passenger sustained severe injuries and required extensive medical treatment, with combined medical bills totaling over $900,000. After settling with the intoxicated driver and receiving underinsured motorist coverage, the injured parties, as plaintiffs, filed a lawsuit against Arrowhead Camper Sales. The business was located adjacent to the intersection, and the plaintiffs alleged it contributed to the crash by parking campers and trailers too close to the right-of-way, obscuring the permit driver's view of oncoming traffic. They claimed both a statutory violation under KRS 177.106 and general negligence. The plaintiffs presented an accident reconstruction expert and local witnesses who described long-standing visual challenges at the intersection due to the parked campers. The defendant, Arrowhead Camper Sales, denied its campers obstructed drivers' views, asserting that its owner had navigated the intersection thousands of times without issue. The defense's accident reconstruction expert testified that drivers had an unobstructed view of over 1,000 feet just beyond the stop sign. The defense maintained the crash resulted from the combined negligence of both drivers involved in the collision. The case proceeded to an 11-day trial in Mayfield. After an hour of deliberation, the jury returned a unanimous verdict on liability in favor of Arrowhead Camper Sales. The jury's finding for the defendant meant they did not reach questions regarding the duties of the drivers or the extent of damages. A defense judgment was subsequently entered.

A plaintiff filed a medical malpractice lawsuit alleging a nurse negligently administered an injection, causing permanent injury. The plaintiff, who received injections for migraine headaches, claimed the defendant nurse failed to properly calculate anatomical landmarks before administering Phenergan in the right hip area. The plaintiff asserted that the caustic material was injected near the sciatic nerve, causing immediate severe pain, numbness, and a permanent limp. The plaintiff later developed Complex Regional Pain Syndrome (CRPS) and underwent surgical implantation of a neurostimulator for pain management. The defendant denied negligence, arguing the injection was not given in the wrong area and was unrelated to the plaintiff's complaints. The defendant noted a lack of immediate documentation for the plaintiff's pain complaints. The plaintiff countered that she reported immediate pain to the nurse and made documented complaints the following day. The plaintiff also argued that the nurse's deposition testimony, which demonstrated her landmark calculation, indicated an improper starting point for the injection. The defendant further suggested the plaintiff's difficulties stemmed from a car accident occurring several weeks after the injection. The plaintiff disputed this, stating the collision primarily resulted in cervical complaints and did not cause new hip issues, emphasizing consistent hip pain reports since the injection. After a week-long trial, the jury found for the plaintiff, awarding $2,000,000 for past and future pain and suffering. This award was subsequently reduced to $755,000 to comply with Maryland's medical malpractice cap on non-economic damages for the year the cause of action arose.

A plaintiff filed a lawsuit following a motor vehicle accident, claiming severe and permanent injuries. The plaintiff sought damages for significant pain, suffering, discomfort, emotional distress, and a diminished ability to enjoy life. During the proceedings, both sides presented expert medical testimony. The plaintiff's experts included specialists in Physical Medicine & Rehabilitation, Sports Medicine, Osteopathic Medicine, and Physical Therapy. The defendant's expert was also a specialist in Physical Medicine & Rehabilitation. The case concluded with an award of $779,627 to the plaintiff.

A vehicle collision occurred in May 2008 on Stony Brook when a teenager, pulling from a private drive, struck a childcare worker's vehicle. The childcare worker sustained soft-tissue neck pain and was transported to the emergency room. Liability for the collision was later established by summary judgment. The injured worker subsequently filed a lawsuit in Louisville, seeking damages for medical bills, lost wages, impairment, and pain and suffering. The plaintiff's case was complicated by involvement in a second crash a month later, though injuries were distinguished. The defendant disputed the claimed injuries, citing credibility, lack of objective proof, and a "threshold" defense. The jury found the plaintiff met the medical expense threshold but did not sustain a permanent injury. Ultimately, the jury awarded the plaintiff $8,184 for medical expenses but $0 for lost wages, impairment, and pain and suffering, resulting in a total verdict of $8,184. A judgment consistent with this verdict was entered. The plaintiff later moved for a new trial, arguing the verdict was inadequate. The defendant countered, citing credibility issues. The motion was pending as of June 2016.

A plaintiff alleged bilateral rotator cuff injuries resulted from paramedics' forceful removal of the plaintiff from a motor vehicle accident. The plaintiff filed a lawsuit against the defendants, presumably alleging negligence in the plaintiff's care. The court granted the defendants' motion for summary judgment in September 2006, concluding the case in favor of the defense.