Jeffrey A. Taylor - Representative Cases

Maureen O'Bryan v. Lauren Nielsen and Liberty Mutual Insurance

Jeff Taylor, Landrum & Shouse for Defendant Nielsen.
Venue/Judge: Jefferson Circuit Court, Judge James Shake
Trial dates: July 7-9, 2014 ( 3 days)

Automobile accident on Hurstbourne Parkway in Louisville. Plaintiff and passenger traveling straight on Hurstbourne when defendant Nielsen pulls out from inferior road into path of the plaintiff. Moderate impact to passenger side of plaintiff's SUV. Plaintiff's SUV was pushed into the concrete median. Plaintiff was removed from vehicle by EMS and transported to the ER with left-sided neck pain, middle and lower back pain, left hip, left leg and right knee pain, left shoulder, left hand and left knee pain.

Plaintiff treated with PCP and pain management specialist. Plaintiff's medicals were $102,000. Plaintiff demanded $350,000 in pain and suffering and $100.000 in future medicals. Plaintiff put on proof from Dr. Michael Cassaro. Plaintiff had extensive injection therapy with a diagnosis of herniated discs with radiculopathy. He related all treatment and injuries to the accident.

The defense relied on Dr. Chris Stephens of Lexington for her proof at trial. Dr. Stephens conceded the initial treatment was reasonable but disagreed with the treating doctor on causation and injection therapy treatment.

Defense Verdict. The jury found the accident was not a substantial factor of the injury claims. Defense introduced proof of prior issues of pain and treatment that plaintiff denied occurred.

Jennifer Lucas v Bruce Tongate and Danny Tongate, Co- Administrators of the Estate of Ora Tongate

Tried by Jeff Taylor and Hilary Jarvis of Landrum & Shouse LLP for Defendant.
Venue/Judge: Hancock Circuit Court, Judge Ronnie Dortch
Trial dates: July 25, 28, 2104 ( 2 days)

Automobile accident in downtown Hawesville. Plaintiff was stopped at a stop sign when the defendant Ora Tongate rear-ended her vehicle. Moderate impact with minor visible property damage to claimant's car and moderate damage to Mr. Tongate's car. Mr. Tongate and his wife died after the accident due to unrelated health issues. Their children were substituted as the proper party for the Estate. Plaintiff claimed injures at the scene to her neck and back. Plaintiff was EMS transported to the ER. Defendant conceded liability.

Plaintiff treated several times at the ER for neck and back issues. She also had multiple treatment with a pain management specialist, Dr. Nadar, of Owensboro. Dr. Nadar gave her injections and installed a pain pump for the low back pain. The medical specials were $103,000. Future medicals of $600,000 were claimed for surgeries with the pain pump. Pain and suffering damages were claimed at $400,000.

The defense relied on medical proof from Dr. Chris Stephens of Lexington. Dr. Stephens conceded the initial treatment was fair and reasonable simply to be checked out to make sure there was no significant problems. Dr. Stephens denied that the injection treatment and pain pump were reasonable and necessary. He found soft tissue injuries that should have resolved within 6 weeks.

Defense Verdict. The jury deliberated 16 minutes and found that the accident was not the substantial factor in the claimed injuries.

Lisa Trujillo v Megan Stovall

Tried by Jeff Taylor of Landrum & Shouse LLP for the defense.
Venue/Judge: Jefferson Circuit Court, Judge Barry Willet
Trial dates: November 18-19, 2014

Automobile accident on Shelbyville Road in Louisville. Ms. Stovall rear-ended plaintiff Trujillo. Plaintiff claimed the accident was significant with Ms. Stovall barreling down on her. Defendant claimed they were in stop and go traffic and she let her foot off the brake and bumped the rear of plaintiff's car. Property damage to plaintiff's car was $3400 with a head rest airbag deployed on the driver side of plaintiff car. No airbags deployed in the defendant's car. Defendant conceded liability.

Plaintiff was transported to the ER for treat and release. She followed up with treatment with Dr. Mark Barrett, Louisville and Dr. James Jackson of U of L. Dr. Barrett treated plaintiff conservatively for 7 months and referred her to Dr. Jackson for herniated discs in the neck and low back. Dr. Jackson administered several rounds of injections for the neck and low back. Both doctors causally related all treatment and injuries to the accident. Plaintiff's medicals were $63,000. She claimed $75,000 in pain and suffering damages. The defense relied on Dr. Gary Bray, Orthopedic-Lexington for proof. Dr. Bray conceded the initial treatment at the ER, with Dr. Barrett and PT were necessary and related to the accident. He also conceded the MRI charges for the neck were related.

The jury awarded medical bills of $14,452 and $0 in pain and suffering. The total verdict after the PIP offset was $4,452.

Plaintiff had prior ongoing back issues that the jury seemed to totally discount. The plaintiff had limited neck treatment 3 years prior to the accident. The jury seemed to give the plaintiff the initial neck treatment per Dr. Bray, but nothing more. Also, defense relied on gaps in treatment for the back and neck.