Mr. Walters currently acts as the managing Partner of the firm. In addition, Mr. Walters handles all aspects of litigation, focusing primarily in the areas of insurance defense and coverage issues. He has litigated cases involving personal injury, including wrongful death, quadriplegia, loss of limb, medical malpractice, construction law, bad faith, products liability, employment law, mass torts including asbestosis and silicosis, coverage issues, and declaratory judgment actions. Mr. Walters also has significant experience in arguing before the Kentucky Supreme Court and the Kentucky Court of Appeals, and has been hired on several occasions to serve as appellate counsel. Mr. Walters also handles all aspects of worker's compensation claims and is a trained mediator.
Representative Jury Trials:
- Products Liability/Negligence - Kevin Kessnick v. O'Connor Sugar Bay Golf, LLC; Sugar Bay Golf Course; Club Car Acceptance Corporation; Century Equipment; and OC's Steakhouse and Pub, LLC, Gallatin Circuit Court, Civil Action No. 06-CI-00080. Mr. Walters was lead trial attorney for the Defendant, Century Equipment, a distributor of Club Car golf cars who sold golf cars to Sugar Bay Golf Course. The Plaintiff, Kevin Kessnick, was injured when a Club Car golf car rolled on top of him while playing golf at Sugar Bay Golf Course. Mr. Kessnick was rendered a quadriplegic as a result of the accident. On the eve of trial, the Plaintiff settled with both Club Car and the golf course. Thus, the Plaintiff proceeded to trial with Century Equipment as the lone remaining defendant. The Plaintiff's remaining theories against Century Equipment was that it negligently failed to inspect the course for dangerous conditions. After four days of trial, Century Equipment was awarded directed verdict by the Judge following the close of Plaintiff's proof. The matter was fully and finally dismissed in favor of Century Equipment.
- Boating Negligence - Kendra Kelley v. John Poore, Fayette Circuit Court, Division VII, Civil Action No. 07-CI-4585. Mr. Walters was lead trial attorney for the Defendant, John Poore, who was accused of negligently operating his boat while on Herrington Lake. The Plaintiff suffered a compound fracture of both her tibia and fibula when the jetski she was driving was struck by the boat driven by Mr. Poore. The Plaintiff claimed that Mr. Poore had failed to keep a proper lookout and had negligently driven his boat over the top of her jet ski. Mr. Poore argued that it was in fact the Plaintiff who had pulled directly in his path of travel on the lake. This matter was tried for two days before a Fayette County jury. The jury returned with a defense verdict in favor of Mr. Poore, finding that he was not in any way at fault for the accident. This matter has not yet been fully resolved post-trial.
- Auto Negligence - Laura Bailey and William Bailey v. MCM Business Services, Inc., d/b/a MCM Signs, and Frank Patton, Fayette Circuit Court, Civil Action No. 05-CI-2758. Mr. Walters was lead counsel for Mr. Patton and his employer, MCM Signs, for an accident that occurred when Mr. Patton's sign truck crossed the center line and struck the Plaintiff head-on. Mr. Patton testified at trial that his brakes did not function as he expected, forcing him to cross the center line in an attempt to avoid stopped traffic. As a result of the accident, the Plaintiff shattered her tibia and fibula at the ankle, necessitating internal and external fixation as well as skin and muscle grafting. The Plaintiff called over twenty witnesses to testify at trial, including Dr. Lockstadt, Dr. Bray, and Dr. Granacher, and asked the jury for an award of 1.75 million dollars. After a four-day trial, the jury found that Mr. Patton was not at fault for the accident and awarded the Plaintiff nothing.
- Personal Injury/School Liability - Mary Lou and William Stone v. The Irwin Seating Company and the Fayette County Board of Education, et al, Fayette Circuit Court, Civil Action No. 04-CI-0212. Mr. Walters was lead counsel for Mary Lou Stone, who had fallen from the bleachers while with her husband. Mrs. Stone underwent four surgeries for a shattered elbow, finally undergoing a total elbow replacement. Mr. Walters sued the manufacturer of the bleachers for a design defect, based upon the tripping hazard that was present if the handrails were not used. Mr. Walters also sued Tates Creek High School and its employees for their failure to use hand rails on the bleachers at the time of Mrs. Stone's fall. Mrs. Stone had over $200,000 in medical bills and a significant claim for her pain and suffering. After three days of trial, the case was settled for an amount satisfactory to Mr. and Mrs. Stone.
- Auto Negligence - Brenda Joyce Wright v. James Thorne and H. Smoot Fahlgren, d/b/a Mill Run Farm, U. S. District Court, Eastern District of Kentucky, Lexington Division, No. 01-114. Mr. Walters was lead trial counsel for Mr. Thorne, the driver of a horse trailer that sideswiped an oncoming passenger car. The Plaintiff claimed soft tissue injuries with resulting treatment by a neurosurgeon, and medical expenses exceeding $9,000.00. After a two-day trial, the Plaintiff was awarded only $3,621.00 of her claimed medicals and $0 for pain and suffering. Furthermore, Plaintiff was assessed 30% of the fault for the accident.
- Pharmacist Malpractice - Carol Jean Wolfe v. Michael Anneken, formerly d/b/a Medical Village Pharmacy, Professional Compounding Centers of America, Inc., Mangat-KUY Plastic Surgery Center, P.S.A., and Devinder S. Mangat, M.D., Kenton Circuit Court, Civil Action No. 01-CI-1771. Mr. Walters represented the target Defendant in this action, Michael Anneken. Mr. Anneken mixed an acid solution for the Plaintiff's facial peel that caused the Plaintiff's face to burn and scar. During an eight-day trial, all parties to the case placed blame on the pharmacist for improperly mixing the solution. Ultimately, however, the jury concluded that all three Defendants shared proportionately for the Plaintiff's damages. The pharmacist paid less than twenty percent of the Plaintiff's claimed damages.
- Construction Default/Mold - David Campbell and Jennifer Campbell v. Childers Building, Inc. and Tim Childers, Lincoln Circuit Court, Civil Action No. 03-CI-00201. Mr. Walters was co-counsel for Childers Building in a suit filed by homeowners for mold infiltration, water damage, and building code violations in their home. The Plaintiffs were claiming over $300,000 for a complete renovation of their home. Mr. Walters focused his representation of Childers Building on the expert witnesses who appeared over the course of the four-day trial. Plaintiffs' experts were alleging that the Plaintiffs' home was ruined by mold and water infiltration, despite the absence of any physical or photographic evidence of mold or water damage. The jury awarded the Plaintiffs only $15,000 for some minor construction defects, and gave no award for mold or water infiltration.
- Civil Rights - Vickie Wilson, et al. v. David Webb, et al., U. S. District Court, Western District of Kentucky, Bowling Green Division, No. 1:94-CV-45-M. Mr. Walters was co-counsel for two students in a civil rights action against their teacher, Tony Luttrell. The trial lasted two weeks in Federal District Court and over 150 witnesses were listed to testify. The jury awarded a $451,000.00 verdict against the teacher and an award of $180,000.00 in attorney's fees. The U.S. Supreme Court denied the Defendants' Writ of Certiorari.
Representative Oral Arguments Before Kentucky Appellate Courts and the Sixth Circuit Court of Appeals
- Lexington Fayette County Food and Beverage Association v. Lexington-Fayette Urban County Government, Kentucky Supreme Court, 131 S.W.3d 745 (2004). Mr. Walters represented a group of Fayette County bar and restaurant owners who were contesting the constitutionality of the smoking ban enacted by the Lexington Fayette Urban County Government. This smoking ban was the first of its kind in the state of Kentucky, and made national news due to Kentucky's reputation as a tobacco state. During the course of this litigation, Mr. Walters appeared numerous times on state and local news broadcasts, local radio programs, and was quoted often in the state's newspapers. During a seven month period, Mr. Walters appeared twice before the Fayette Circuit Court, twice before the Kentucky Court of Appeals, and finally before the Kentucky Supreme Court to argue the constitutionality of the ban. Ultimately, the Supreme Court upheld the smoking ban in a 6 to 1 published opinion.
- Scottsdale Insurance Company v. Norman Flowers and Kathleen Burke, Sixth Circuit Court of Appeals, Civil Action No. 3:06-CV-632. Mr. Walters represented Scottsdale Insurance Company in a declaratory judgment action filed against its insured, Norman Flowers, and the Plaintiff, Kathleen Burke. In the underlying state court action, the Plaintiff had accused Mr. Flowers of abusing his relationship as her therapist by persuading her to engage in a romantic relationship outside of therapy. Mr. Walters, on behalf of Scottsdale, moved for declaratory judgment arguing that Scottsdale owed no coverage to Mr. Flowers for these alleged actions as a therapist, as the acts were taken outside the scope of his employment. The District Court agreed and granted a declaratory judgment on behalf of Scottsdale. The Plaintiff, Kathleen Burke, appealed this matter to the Sixth Circuit Court of Appeals. In a published opinion, the Sixth Circuit Court of Appeals affirmed the decision of the District Court, finding that Mr. Flowers' actions were outside the scope of employment and, therefore, not covered. The Sixth Circuit also considered the issue of federal court jurisdiction for the coverage issue, and concluded the federal court had properly exercised jurisdiction over the coverage issue.
- Board of Education of Fayette County, Kentucky v. Melinda Lewis Cobb, Kentucky Supreme Court, 163 S.W.3d 389 (2005). Mr. Walters and his partner, Dale Golden, represented Ms. Cobb before a three person tribunal and an administrative law judge in a hearing on the propriety of her termination. The Fayette County School Board had terminated Ms. Cobb, a principal, for allegedly bringing a gun into the school building among other various charges. The tribunal ultimately found that the firing was not substantiated, and instead concluded that a short suspension was more appropriate. The school board appealed the tribunal's decision, and argued that the tribunal did not have the power to reduce the punishment handed out by the school superintendent. Mr. Walters argued before the Kentucky Supreme Court that the tribunal did have this power, and the Supreme Court agreed in a published decision.
- Metropolitan Property & Casualty Insurance Company v. Robert B. Overstreet, Judge, Kentucky Supreme Court, 103 S.W.3d 31 (2003). Mr. Walters represented MetLife in a case that set the standard in Kentucky for Plaintiff's counsel's involvement in a medical examination of their client. In the underlying case, the Trial Judge ordered that the Plaintiff would be permitted to video tape the medical examination of the Plaintiff performed by the physician retained by MetLife. Mr. Walters, on behalf of MetLife, appealed that decision to the Supreme Court. The Supreme Court ultimately concluded in a published opinion that, while the Plaintiff was entitled to video tape the defense's medical examination under certain limited circumstances, there must be a specific showing by Plaintiff's counsel of a need for such video taping.
- Richard S. Sexton v. Stephen L. Bates, Judge, Kentucky Court of Appeals, 41 S.W.3d 452 (2001). Mr. Walters represented Mr. Sexton in a case that found a civil defendant in Kentucky has the right to choose the physician who will examine the plaintiff. The Judge in the underlying case ordered that the Court would choose a physician to perform a medical examination on the Plaintiff, as opposed to allowing the Defendant to make that choice. Mr. Walters appealed the Judge's decision directly to the Kentucky Court of Appeals, arguing that the Trial Judge does not have the authority to choose the examining physician on behalf of the Defendant. The Kentucky Court of Appeals agreed, and concluded that the Defendant and his counsel had the sole discretion to select a physician of their choosing. This decision was not appealed to the Supreme Court, and the Court of Appeals' decision was published.
- Geneva C. Bartley v. Educational Training Systems, Inc., Kentucky Supreme Court 134 S.W.3d 612 (2004). Mr. Walters represented the Defendant, ETS, who was awarded Summary Judgment on the Plaintiff's claim of a slip and fall injury based upon the use of a runner in ETS' classroom. The Trial Court concluded that the Plaintiff could not establish an inherent problem with the runner, and could not establish that the condition of the runner was known to ETS prior to the fall. This decision was appealed by the Plaintiff, and, in the interim, the law changed with regard to the proper standard for summary judgment on a slip and fall in a public store. The Supreme Court concluded that the change in the law applied to a school as well, and remanded the case to the Trial Court for further proceedings consistent with that ruling.
MEDIATION TRAINING
