Sewell, O’Brien & Neal, PLLC is an AV rated firm with an extensive practice in all aspects of wrongful death, personal injury, workers’ compensation, insurance coverage litigation. Our attorneys are active members of the Kentucky or Indiana bars and practice regularly throughout these states. Our mission is to provide the highest quality legal services for individuals, companies, and insurers with impeccable integrity.
Firm welcomes Michael D. DeFilippo
Sewell, O’Brien & Neal, PLLC is pleased to announce that Michael D. DeFilippo is now affiliated with the firm. Mr. DeFilippo has substantial experience in defending personal injury and wrongful death claims, including claims arising from motor vehicle accidents, motorcycle accidents, and premise liability matters. He is a 2004 graduate of the Salmon P. Chase College of Law at Northern Kentucky University, and a 1992 graduate of the University of Louisville.
Firm wins unanimous defense verdict in mine accident case.
Pete Sewell, Tom Peters and Charlie Walker secured a unanimous defense verdict in favor of a conveyor manufacturer in a 2-week trial in Gallatin County, Kentucky. The suit was brought by the Estate of a mine worker who fell off a conveyor at a local mine, and who later died from his injuries. The Estate was asking for more than $7 million in medical bills, pain and suffering, and other damages. We were able to demonstrate that the conveyor involved in the accident was not defective or unreasonably dangerous, and that the cause of the accident was the failure of a the mine worker to follow federally-mandated safety regulations while working on the conveyor, and the failure of the mine to enforce those regulations. Additionally, we were able to convince the Court to allow a 5-foot replica section of the conveyor to be placed in the courtroom for the duration of the trial, so that witnesses could refer to the replica during their testimony. The replica was invaluable in convincing the jury that, if the mine worker has followed his federally-mandated safety training, the accident never would have happened.
Sixth Circuit affirms coverage decision re: no coverage for tortious interference with contract claim.
Cathy Sewell represented an insurance carrier in a declaratory rights action in federal court. The insured hired an individual that had previously worked at a different electronics company. The former employer sued the insured for alleged interference with contract. The carrier filed a declaratory judgment action in federal court and argued that the CGL policy did to provide coverage. The District court agreed, and the Sixth Circuit affirmed the verdict. You can read the full opinion here.
Peter Sewell represents winning party in Kentucky Supreme Court case re: sudden emergency defense/comparative fault
The Kentucky Supreme Court upheld a defense verdict that Peter Sewell obtained in a personal injury case arising from a collision of two personal watercraft on Lake Cumberland. At trial, the defense argued that the sudden emergency doctrine applied. The trial court instructed the jury on the sudden emergency doctrine, and the jury found in favor of the defense. At issue on appeal was whether the trial court erred in giving a sudden emergency instruction to the jury. The Court also considered whether the sudden emergency doctrine was still necessary following Kentucky’s adoption of comparative fault. A unanimous Kentucky Supreme Court affirmed the viability of the sudden emergency doctrine, and held that the trial court did not err in giving such an instruction at trial. The Court also clarified when it would be appropriate to give a sudden emergency instruction in other cases. You can read the decision here.