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Articles Posted in Premises Liability

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Varellas & Varellas has settled a personal injury and wrongful death case for the full homeowner’s policy limits after the Plaintiff suffered head and brain injuries at the home of the Defendant which subsequently led to her death. The Defendant’s homeowner’s insurance company initially offered no settlement and then only offered 10% of the available insurance proceeds with a take-it-or-leave-it offer, contending it would secure a complete dismissal of the claim for insurance based on exemptions in the policy. The Plaintiff rejected the low offer and proceeded to secure a judgment of liability against the Defendant and then secured a judgment finding that the various exclusions claimed by the insurance company did not in fact apply to the Plaintiff’s claims. The full amount of insurance proceeds were then offered and recovered as compensation for the Plaintiff’s injuries and wrongful death.

Contact us locally at 859-252-4473 or 502-595-7955 or call us toll free at 877-634-1519. You can also use our online form to talk with one of our experienced trial lawyers about your potential claim involving wrongful death, dog attack, car or truck wreck, nursing home neglect or abuse, medical malpractice or other personal injury.

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Varellas & Varellas has reached the largest settlement with the Lexington-Fayette Urban County Government since at least 2005 in a premises liability case on behalf of a man who fell in a construction pit that the Plaintiff alleged was improperly marked since it failed to warn of the depth of the pit or the danger to those near it. The Plaintiff suffered head and spine injuries and alleged general negligence as well as failure to adhere to various state and federal OSHA standards regarding construction around the pit itself and the failure to use fall protection measures near the pit. These included 29 CFR 1926.501(b)(1) (guardrail systems, safety net systems, and personal fall arrest systems) and 1926.502(i) (floor hole covers and railings), 29 CFR 1910(a)(8)(ii) (duty to have fall protection), 803 KAR 2:303(2)2 (floor openings railings and attendance of safety personnel), among others.

A fall safety engineer and multiple medical experts were prepared to testify at the upcoming trial before the settlement was reached. Since the Plaintiff worked for another company at the time of the injury, in addition to the injury case settled with LFUCG, the Plaintiff reached an additional workers’ compensation settlement for a lump sum and for the payment of future medical expenses in the hybrid personal injury/workers’ compensation case.

D. Todd Varellas was lead counsel working with other attorneys and another law firm in successfully litigating the case. Todd focuses his practice on civil personal injury and wrongful death cases. Todd has been successful in settling numerous cases for his clients and has recently tried multiple personal injury and wrongful death cases to a verdict. One of his recent trials resulted in a jury verdict of $2.402 million (reduced to $2.269 million after apportionment).

One of our experienced trial attorneys is available to discuss your potential claim involving personal injury, nursing home abuse or neglect, motor vehicle collision, wrongful death, medical malpractice or trucking wreck claims. Contact us at 877-634-1519 or via our online form.

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