John Walters | Lexington Personal Injury Lawyer

June 2016, Clark County, KY: Harkness v. Nationwide Agribusiness

Mr.Walters represented an insurance agency that secured insurance coverage on a winery and tasting room in Clark County Kentucky. Coverage was bound 2-27-13. When a bill for the policy was sent to the owners of the winery, the owners decided the policy was too expensive and refused to pay the premium. The policy was canceled for non-payment of the premium. No premium was ever collected on the policy, and insurer initiated efforts to collect a premium for the coverage that was in place for two months. In response, the winery owners claimed they never authorized the policy to be issued and insisted on retroactive cancelation of the policy. The insurer agreed to cancel the policy retroactively after receiving a signed cancelation form on 8-6-13. During the retroactive cancelation process the winery owners renewed discussions with agent in an effort to obtain more acceptable coverage. No contract was ever finalized, and coverage was not bound. On 8-7-13, the winery burned to the ground resulting in a loss near 1 million dollars. Owners pursued contractual, equitable and negligence causes of action. Directed verdicts for the Defendants were obtained on the contract and negligence claims, and sent the equitable claim to the jury. After 20 minutes of deliberation, the jury found unanimously for the Defendants.Harkness Edwards Vineyards, LLC. v. Nationwide Agribusiness Insurance, No. 14-CI-00274 (Ky. Cir. Ct. June 26, 2016)

September, 2017 Woodford, KY: Barr v. Woodford Excavation

Mr. Walters represented Shane Trent and Woodford Excavation and Transport against claims of negligence stemming from a motor vehicle accident which occurred on Halloween night, 2013. It was undisputed the Plaintiff pulled into the path of Mr. Trent, but the Plaintiff claimed he should have been driving in a more cautious manner as it was raining at the time of the accident. Two of the occupants of the vehicle struck by Mr. Trent were killed on impact, and the third was severely injured. Claims against Woodford Excavation and Transport were dismissed via summary judgment. The case preceded to trial against the driver of the vehicle. If successful, the Plaintiff sought $3,429,376 in lost earnings capacity as testified to by vocational economist Dr. William Baldwin. They also sought $10,144.50 in funeral expenses. After approximately 1 hour of deliberations, the jury returned a defense verdict on liability. Barr v. Trent 14-CI-00304Barr v. Woodford Excavation. Mr. Walters represented Shane Trent and Woodford Excavation and Transport against claims of negligence stemming from a motor vehicle accident which occurred on Halloween night, 2013. It was undisputed the Plaintiff pulled into the path of Mr. Trent, but the Plaintiff claimed he should have been driving in a more cautious manner as it was raining at the time of the accident. Two of the occupants of the vehicle struck by Mr. Trent were killed on impact, and the third was severely injured. Claims against Woodford Excavation and Transport were dismissed via summary judgment. The case preceded to trial against the driver of the vehicle. If successful, the Plaintiff sought $3,429,376 in lost earnings capacity as testified to by vocational economist Dr. William Baldwin. They also sought $10,144.50 in funeral expenses. After approximately 1 hour of deliberations, the jury returned a defense verdict on liability. Barr v. Trent 14-CI-00304