David Marshall and Eric Ludwig Prevail Before the Kentucky Supreme Court
On December 16, 2010, the Kentucky Supreme Court issued a 31-page opinion preserving a favorable trial verdict accomplished by David Marshall. The case, a wrongful death/product liability lawsuit, alleged plaintiff contracted lung cancer as a result of asbestos exposure in the small town of Benton, Kentucky. The venue presented unique challenges because plaintiff, a popular figure in the community, was the founder and first chief of the volunteer fire department.
The case was originally tried to verdict in 2005. The trial court ordered a new trial because the jury did not apportion any fault to the empty-chair defendants. The case was retried in 2006 and the jury apportioned 2% of fault to HPY's client. Marshall served as lead counsel in both trials lasting three weeks each.
The Kentucky Court of Appeals subsequently reversed the trial court and reinstated the less favorable initial verdict. The Kentucky Supreme Court accepted certiorari and reinstated the second verdict to the benefit of HPY. Marshall worked closely with appellate counsel Goodwin Procter in achieving this favorable opinion.