Lexington Rental Homes, LLC v. Adams, et al., Fayette District Court 13-C-1073 (2016)
Landlord sued former tenants for failure to pay rent and related charges and for early termination of the written lease and physical damage to the property in excess of the security deposit. As part of the claim, Landlord also sought recovery of attorneys’ fees under KRS 383.660 for the tenants’ willful breach of the lease. […]
Sexton v Bean, (2015-CA-931 & 1073, Fayette Circuit Court)
Former owner of real property sued to void the deed of conveyance from almost five (5) years earlier alleging that his and his wife’s signatures were forged. In deposition testimony both former owner and wife confirmed signatures were not forged on deed. Trial court granted summary judgment to current owner of real property and further […]
Ruth Ann Sadler v. Barbara Lois Van Buskirk (2013-SC-000809-DG, December 17, 2015)
This case involved a conflict between the beneficiary listing on an IRA as compared to the Property Settlement Agreement terms entered into by the parties. In the divorce, Van Buskirk agreed that she would not receive an of the IRA funds upon the death of the IRA’s owner, her former husband. However, when former husband […]
Perry v MME et al., Logan County WVa, 11-C-283, October 29, 2015
Owners of a lot purchased from the neighborhood’s developer filed a lawsuit alleging the developer negligently designed, constructed and developed the subdivision and its sanitary and storm sewage lines and treatment system in such a way that sewage backs up onto Plaintiffs’ property and into Plaintiffs’ home. The developer filed a third-party complaint against the […]
Higgins v. BAC Home Loans, Servicing, LP et al., 14-6167/6168 USCA 6th Cir
In Higgins, et al. v. BAC Home Loans, et al., a case filed in the Fayette Circuit Court, Higgins and other property owners sought statutory damages under KRS 382.360 for the failure of their mortgage holders to file an assignment of them mortgages in the county clerk’s office. The promissory notes held by the originating […]
Wildcat Property Management, LLC v. Franzen, et al (Fayette Circuit Court 05-CI-5238, COA 2014-CA-964 July 10, 2015)
A basic landlord/tenant dispute has become a decade-long litigation matter. Tenants who were college students entered into a lease for residential property for the upcoming school year. Upon there arrival the tenants determined the property was not in the condition promised. Though the tenants moved in to begin the school semester, the parties never resolved […]
Daniel Werre v. Kentucky Horse Racing Commission, Franklin Circuit Court, 14-CI-418 (June 15, 2015)
Kentucky Racing Commission suspended trainer Werre for a year because the horse tested positive for Levamisole. The Franklin Circuit Court reversed the Racing Commission’s suspension of the trainer because the Racing Commission did not sustain its burden of showing the propriety of the penalty imposed. The Racing Commission had misclassified the drug on its own […]
Tree Top Landscaping, Inc. v. Gene Smith, 13-CI-3988 Fayette Circuit Court (May 19, 2015)
In an unemployment claim case, the former employee was terminated for his refusal to follow orders of the employer so it was a termination for cause . The Unemployment Commission awarded unemployment benefits over the cause termination. The trial court, on appeal, affirmed the award of those benefit ruling that the underlying file made at […]
Goodlett v. Danville Eye Center, PLLC, et al., Boyle Circuit Court, 14-CI-314, May 14, 2015
Successfully resolved a lawsuit brought against an engineering firm regarding premises liability and alleged claims of defective construction. Read more ›
Papastefanou v. Kentucky Growers Insurance Company, et al, Warren Circuit, 13-CI-1440 May 4, 2015
Successfully defended a claim against a Kentucky insurer under a homeowners’ policy exclusion related to foreclosure. Read more ›