W. Todd Forester joined the firm in 2016 after an extensive career practicing in West Virginia. Todd was born in Lexington and grew up in Harlan, Kentucky. He graduated from Centre College (B.A., English, 1988) and then University of Kentucky College of Law (J.D., 1991), and is licensed to practice in Kentucky and West Virginia. With more than 25 years of trial experience, Todd has successfully resolved complex commercial and insurance issues, including bad faith, insurance coverage disputes, serious accident claims, trucking cases, and wrongful discharge matters. He also focuses a portion of his practice on oil, gas and coal industry matters. Todd has completed hundreds of mineral title examinations and certifications, including providing assistance with curative issues. He has represented clients in surface damage litigation and settlements, lease termination litigation, provided legal opinions with respect to issues that arise in oil and gas development, title disputes, oil and gas lease interpretation, and handled oil and gas mergers, acquisitions and transaction.
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 contractor, who constructed the Plaintiffs’ house, installed the Plaintiffs’ plumbing and connected the Plaintiffs’ sewage line to the neighborhood’s main sewage line, alleging the contractor negligently failed to initially install an overflow mechanism on the Plaintiffs’ sewage line. The trial court granted summary judgment in favor of the contractor because Developer failed to produce sufficient evidence showing that under the standard of care required of plumbers, the contractor was required to include an overflow mechanism on the Plaintiffs’ plumbing and the failure to do so constituted negligence.Litigation
Akers v. Philips, Greenup Circuit Court, 08-CI-394, Feb 22, 2010
In a case that involved a question of scope of employment under a vicarious liability theory, the Court held that an insurance sales representative who caused an auto accident and injuries while driving to the office to start the day was acting in the course and scope of his employment because he was carrying collected premiums to “bank” and it was company policy that required him to bank those payments by the start of the next business day.
Read more ›