Richard M. Rawdon, Jr.’s Notable Case Results
Mr. Rawdon has handled a number of cases that are significant not only because of the amount of money his client received, but also because of the way they were injured. Several of the cases listed below indicate the case was settled for a confidential sum of money. This means the negligent party agreed to pay our clients for their injuries so long as either the amount paid or party involved is not disclosed nor made public.
Products Liability Cases
Hession v. Ford Motor Company: While carrying members of the Pony Club from Australia, England and the United States, a 1995 Ford Econoline 350 van turned over. Three people were killed. Mr. Rawdon represented Peggy Shultz, the driver. A Scott Circuit Court jury returned a verdict for the injured and killed, including Ms. Shultz, totaling more than $21 million. This was a products liability case concerning the stability and rollover tendencies of the Ford van.
$650,000 settlement: A man was driving his car and hit a horse that dashed in front of his car. The roof was ripped off the car, leaving the man severely brain damaged. This case was filed in Clarksburg, West Virginia, and was settled for $650,000. The settlement will allow the victim to receive the quality medical care he needs for the rest of his life.
$1,000,000 settlement: A child, age 4, was riding in the middle seat of the back seat of a van. She had her lap belt on; there was no shoulder belt. The van was hit in a slow-speed impact to the side. Her neck was snapped, and she was paralyzed. She died a year later because of complications. This products liability suit, filed in U.S. District Court in Frankfort, was settled for $1,000,000. The defect of the van was no shoulder belt.
Collins v. GM: Ms. Collins was driving a 1978 Oldsmobile Cutlass that hit a horse that dashed in front of her car. The roof of the car was mashed in leaving Ms. Collins paralyzed. A jury in the U.S. District Court in Bowling Green, Kentucky, returned a verdict of more than $9 million dollars. The verdict will allow Ms. Collins to receive the quality medical care she will need for the rest of her life. The product defect of the car was a weak roof.
Mastin v. The Budd Co.: Mr. Mastin was severely injured while changing a light truck tire. The tire exploded, injuring his head and arm. The products liability case, filed in the U.S. District Court in Lexington, Kentucky, was settled for a confidential sum of money.
Wallen v. The Budd Co.: Mr. Wallen was severely injured while changing a light truck tire. It exploded injuring his head. The products liability case, filed in U.S. District Court in Pikeville, Kentucky, was settled for a confidential sum of money.
Yates v. Honda: Mr. Yates was riding a four-wheel Honda 250 ATV that flipped over backward while going up a hill. Mr. Yates received a severe spine injury. The products liability case, filed in the U.S. District Court in Owensboro, Kentucky, was settled for a confidential sum of money.
Motor Vehicle Accident Cases
Wright v. Keith: Mrs. Wright was a passenger in a car that was rear-ended by an SUV driven by Mr. Keith. Mrs. Wright had lumbar fusion surgery as a result of the wreck and could not return to her previous employment, a truck stop. A Scott County jury returned a verdict of $630,200 for Mrs. Wright.
$2,400,000 settlement: A van spun out of control in the snow, and was struck by a tractor-trailer. The crash killed the van driver and paralyzed the passenger. The case, filed in U.S. District Court, Lexington, Kentucky was settled on behalf of the passenger and her children.
Estate of Dustin Franklin v. Comm. of KY, Department of Transportation: The Board of Claims awarded the maximum the law allows — $200,000 — because the Kentucky Department of Transportation did not properly maintain a dangerous curve in the road that led to Dustin’s death.
A car was rear-ended by a truck that was going about five mph. Her injuries were to her neck. She settled for just over $100,000.
A car was at a stop light. As the light changed, the truck behind her drove into her car at five mph. She received neck injuries that required surgery. She settled for over $280,000.
A tractor-trailer rear-ended a sport utility vehicle stopped in traffic. The SUV driver settled with the trucking company for over $500,000.
Lender Liability Cases
$900,000 settlement: A bank had a conflict of interest with its borrower. It filed a foreclosure suit on the property. This claim was settled for $900,000.
$1,300,000 settlement: A lender wrongfully served foreclosure on a couple who had not defaulted on their loan, and the bank paid $1,300,000 to the borrower.
Other Accident And Injury Cases
$100,000 settlement: A person was injured when a barn rail broke while housing tobacco. The case was filed in the Fayette Circuit Court, and the victim received a $100,000 settlement.
Cheatham v. Bogard: Mr. Cheatham was injured when Ms. Bogard intentionally drove her car into his truck. A Boyle Circuit Court jury returned a verdict of $742,000 for Mr. Cheatham.
A shopper in a retail store was struck by a cart pushed by an employee. She received injuries to her back and leg. Her case was settled for $150,000.
Appellate Decision
Simms v. Estate of Blake 615 SW3d 14 (KY 2021) This case clarified when a parent can file a wrongful death action and inherit from their child. It is called Mandy Jo’s Law. When a parent willfully abandons their child, even though they pay child support, and do not have a significant interaction with the child, that parent is precluded from inheriting or receiving the parents share of the settlement proceeds. In other words, if the parent played a relatively non-existent role in their child’s life, the parent may not inherit the child’s estate.
Metlife v. Overstreet (2003); 103 SW 3d 31: In a matter of first impression before the Kentucky Supreme Court, the court ruled that the trial court has the discretion to order videotaping of defense medical examination of the plaintiff when good cause is shown.
