Powell | Klausing

Case Results

Car Dealership Negligence

Car Accidents

May 2020

Our clients, a family of five, sustained various injuries when their minivan experienced a tire blow out and tread separation. The minivan had been purchased "as is" from an auto dealership in Lexington two weeks before the event. Through the use of several experts, we were able to show the van's tires were inherently dangerous due to age and weathering, and that the dealership should not have sold the subject van without first replacing the tires.

Outcome - $550,000

Construction Site Injury

Workplace Injuries

January 2016

Our client sustained crush injury and partial amputation of three toes when a lowboy operator dropped a lowboy deck and bulldozer onto client's foot. Our firm established the lowboy operator was in a hurry and had violated numerous safety protocols and OSHA-recommended procedures. In addition to what our client had already recovered through workers compensation, we were able to recover another $350,000 for pain, suffering, and disfigurement.

Outcome - $350,000

Facial/Dental Injuries

Car Accidents

January 2017

Our client, a 2-year-old boy, was ejected from his rear car seat sustaining facial lacerations and four lost teeth. With the assistance of a dental expert, we were able to establish that our client would likely experience speech development problems and would likely also have alignment issues when his adult teeth eventually came in.

Outcome - $120,000 (policy limits)

Unconstitutional Search and Seizure

Spinal Cord Injuries

September 2014

Our client, a young African American man, was stopped by police officers while walking to his grandmother's house late one night. After confirming our client was not the individual the officers were searching for, the officers nonetheless proceeded to empty his backpack and other belongings without a valid reason. In the course of a lawsuit filed in Federal District Court, we established a violation of our client's civil rights by the police officers.

Outcome - $96,000

Farm Tractor Accident 

Catastrophic Injury

March 01, 2014

Client suffered from a spinal injury.

Outcome - $300,000 (policy limits) 

Car Accident 

Car Accidents

January 01, 2014

Client suffered from a mild traumatic brain injury and knee injury.

Outcome - $200,000

Failure to Diagnose Heart Attack

Medical Malpractice

January 2014

Our firm successfully represented the estate of a Louisville woman in a wrongful death lawsuit against a local hospital. Our client suffered a fatal heart attack shortly after a surgery to repair her broken arm. With the assistance of an expert cardiologist, we were able to show that her surgeon failed to take appropriate steps to achieve proper anticoagulation before her surgery, and the hospital staff then failed to recognize or treat our client's heart attack for approximately 12 hours following the surgery, despite the deceased client having been in ICU for most of that period.

Outcome - Confidential Settlement 

Femur Fracture, Tinnitus 

Car Accidents

May 2015

Our clients were struck by an oncoming driver who died as a result of the collision. Our client sustained a head injury and had no recollection of the crash. His brother, the passenger, was asleep at the time of the impact. As a result, no one knew what had caused the collision. Our firm undertook a thorough investigation and ultimately established the deceased driver had crossed the center line and was responsible for the crash. Our investigation also uncovered additional layers of insurance coverage available to our client, which his carrier had kept secret from him. After filing suit, we quickly settled and collected all available coverage for our clients.

Outcome - $375,000 (policy limits)

Disputed Neck Injury

Car Accidents

September 2020

Our client was rear-ended by an intoxicated 22-year-old driver, causing injuries to his neck. Over the next 16 months our client developed radiculopathy pain in his shoulder and arm, which led to a C5-6/C6-7 anterior cervical diskectomy and fusion (ACDF) surgery. Due to the fact that 16 months had elapsed, the at-fault driver's insurance carrier refused to attribute our client's surgery to the auto accident and offered just $5,000 to settle. Our firm sued the at-fault driver and, in the lawsuit, established not only the egregiousness of the at-fault driver's conduct, but also the causal relationship between the auto accident and our client's surgery.

Outcome - $250,000 (policy limits)

Spine Surgeon Negligence

Medical Malpractice

August 2016

Our client experienced an increase in back pain after undergoing a spinal fusion surgery at his L2-4 vertebrae. Upon investigation, it was determined that an extra hardware component had been left in his spine during the operation. A second surgery was required to retrieve the extra hardware. Moving quickly, we were able to present the surgeon's negligence to his insurance carrier and settle the matter without filing a lawsuit.

Outcome - Confidential

Head-on Collision 

Catastrophic Injury

September 2015

Our client, a retired Baptist minister, suffered lower spine injuries in a head-on collision with a remodeling contractor. Although the contractor denied the wreck was his fault, we were able to prove his truck had crossed the centerline to cause the impact. The contractor's insurance company paid the full amount of its policy despite the contractor's refusal to take responsibility. With the money, our client was able to retrofit his home to make it more wheelchair/walker accessible, which enabled him to continue to live independently.

Outcome - $600,000 (policy limits)

Learn more about spinal injuries.

Failure to Yield to Waste Collector 

Workplace Injuries

June 2021

Our client stepped off his waste collection truck in the course of his employment. In doing so, he was struck by an impatient young driver who had opted to pass our client's garbage truck in the oncoming lane at a high rate of speed. The impact launched our client into the air, causing him to sustain lacerations and brief loss of consciousness. Fortunately, he suffered no permanent injuries. After the other driver's insurance carrier initially denied responsibility, we were able show violation of several statutes designed to protect municipal service workers. In doing so, we promptly collected the driver's entire policy limits.

Outcome - $100,000 (Policy Limits)

Learn more about laws protecting waste collectors.

15 times pre-attorney "top offer"

Car Accidents

September 2021

Our client, an avid snow skier, suffered severe whiplash in an automobile accident. Her injuries led to months of physical therapy and caused her to miss an entire season of snow skiing with her kids and grandkids. After months of trying unsuccessfully to negotiate a fair settlement on her own, she contacted her attorney, who referred her to our firm. We worked diligently to articulate the full scope of our client's loss. After significant negotiations, the at fault driver's insurance company agreed to pay its entire policy limits to resolve the claim - approximately 15x the "top offer" repeatedly extended to our client before she hired us.

Outcome - Confidential Settlement (Policy Limits)

Catastrophic Workplace Injury

Workplace Injuries

March 2021

Scott Powell and Steve Klausing represented one of two plaintiffs involved in a catastrophic workplace injury that left our client with a mild brain injury and severe post traumatic syndrome. The defendant initially rejected liability, so we moved quickly to file suit and secure expert testimony that clearly demonstrated the negligence of the defendant's employee. This helped prompt a policy limits offer of more than $1.9 million to the injured plaintiffs before any depositions were taken.

Outcome - $1.9 Million

Catastrophic Birth Injury

Kentucky Birth Injury Lawyers

August 2018

Steve Klausing served as co-counsel in representing a baby girl against medical providers responsible for causing Hypoxic Ischemic Encephalopathy (HIE), a brain disorder that occurs when the brain does not receive enough oxygen or blood flow for a period of time. Her medical providers were delayed in their recognition of signs and symptoms indicating she was under distress during delivery. They then compounded the problem by failing to provide prompt resuscitation. The brain damage caused by HIE will require substantial medical care for the rest of her life.

Outcome - $9 Million

Learn More About Hypoxic Ischemic Encephalopathy

Failure to Address Placental Abruption Causing Death

Medical Malpractice


This was a tragic case involving the failure of an infant's medical providers to perform an emergent cesarean section. His medical providers did not appreciate signs and symptoms of a condition known as placental abruption that indicated the emergency surgery. A placental abruption occurs when the placenta separates from the inner wall of the uterus before birth which, in this case, deprived the child of oxygen/nutrients causing his death. Steve Klausing served as co-counsel in obtaining a recovery to compensate the parents and Estate of the child for the wrongful death.

Outcome - $2.25 Million