Attorney Jon Kyle Roby's Legal Cases

Personal injury

Hilliard v Stephens & Kentucky Farm Bureau

Jan 07, 2015

OUTCOME: Settlement $405,000.00

Car Accident

Trucking accident

Fisher vs Kentucky Tie and Lumber

Sep 19, 2014

OUTCOME: $500,000.00

On March 12, 2013 at 5:57 a.m. a truck driver was operating a 2000 International traveling east bound on New Gallatin Road approaching the intersection with US 31. The Plaintiff was on her way to work ... and was operating a 2007 Honda CRV traveling south bound on US 31, the superior roadway. By witness statements and the truck driver's own deposition testimony, he never came to a complete stop at the stop sign; he attempted to beat the Plaintiff as he thought he had enough time to “to get out in front of her.” The truck driver traveled 64 feet past the stop sign without stopping and then impacted the plaintiff, who was on her way to work and sustained serious injuries caused by this collision. This collision was investigated by Deputy J. Cooke with the Allen County Sheriff Department. Our accident reconstructionist and transportation safety expert Joey Stidham has also investigated the wreck, the hiring procedures, training or lack thereof, and operations at KTLC. Our investigation also uncovered multiple violations of the FMCSR by Kentucky Tie and Lumber. It allowed unqualified mechanics to work on the tractor trailers, allowed broken and unconnected wires to remain unconnected to lighting harnesses on the tractor trailer, failed to drug test the truck driver after this accident, and failed to keep and maintain the truck driver's qualification file. These are just a few examples. The truck driver admitted that he failed the written CDL test “four or five times,” and failed his road test once or twice. He admitted that he did not receive training from KTLC, a CDL manual, an FMCSR manual, or instructions from KTLC. Despite KTLC’s knowledge of his more than eight prior citations, or moving violations, and his prior accident, where he ran a stop sign in a KTLC vehicle, his multiple failures to pass the CDL written and driving exams, KTLC did not provide any training whatsoever to the truck driver. The truck driver is an entry level driver under the FMCSR definitions. As an entry level driver, his employer must certify that Furkins received certain training prior to operating a motor vehicle. Furkins not receive any such training or certifications. Those are required to be maintained in his driver qualification file. The Safety Director admitted that KTLC allowed mechanics to work on commercial vehicles who were not qualified under the FMCSR. Additionally, he was unable to state the requirements under FMCSR to properly qualify a driver or what, if any, of the truck driver’s physical or mental disabilities would disqualify him from driving for KTLC. It is clear that KTLC own safety director does not know the requirements to properly hire and train its drivers, much less implement the proper training protocols to ensure drivers are operating commercial vehicles safely and properly supervised. KTLC does not have any training manuals, modules, or other training programs in place either in house or implemented by a third party for its drivers. ELPO proved that the truck driver was not properly qualified to drive a truck, lacked sufficient training by KTLC, was inadequately supervised by KTLC, and violation after violation of the FMSCR set in motion the collision course. The case was settled just prior to trial.

Personal injury

Worth v Speedway USA

Apr 17, 2013

OUTCOME: Confidential Settlement

Slip and Fall

Medical malpractice

• Chasity Michelle O’Bannon, et al v Billy R. Allen, M.D.

Jan 01, 2011

OUTCOME: Pending

Successfully argued improper venue for a Doctor in a Medical Negligence Claim and Court of Appeals affirmed setting forth precedent under Kentucky Venue Statute KRS 411.130 against doctors in Medical N ... egligence Claims. 337 S.W.3d 662 (Ky. App. 2011)

Litigation

Kemper, et al v Kemper, et al

Jan 01, 2011

OUTCOME: Verdict for clients and upheld on Appeal

Successfully tried a Will Contest action involving multi-million dollar estate in which the Last Will and Testament was set aside and Jury Verdict upheld on Appeal. 2011 WL 557708 (Ky. App. 2011)

Appeals

Estate of Trent Digiuro v Ragland

Jan 01, 2010

OUTCOME: Affirmed in part and reversed in part

Employed to handle appeal after trail verdict against Defendant and successfully reduce punitive damages by thirty million dollars ($30,000,000.00) 352 S.W.3d 908 (Ky. App. 2010)

Jon Kyle Roby's Legal Cases (16)