Top Interest Cases In Kentucky, Indiana, and Illinois For 2008

Say what you want about Kentucky family trees, but when it comes to civil law, Kentucky juries understand what to do. A jury awarded $2.5 million to a Kentucky teenager who was severely beaten by members of a Ku Klux Klan group. The Defendants apparently mistakenly thought the victim was an illegal Latino immigrant. The plaintiff, Jordan Gruver, then 16, was mistakenly targeted and beaten by the defendants. Specifically, the civil jury found that the Imperial Klans of America and its founder wrongfully beat 16-year-old Jordan Gruver. Gruver is an American citizen of Panamanian and is of Native-American descent. $1.5 million was for compensatory damages. $1 million was for punitive damages against "Imperial Wizard" Ron Edwards.

This verdict, if it stands on appeal, could break the Klan group, allowing the teen and the law center to seize the group's assets. The Imperial Klans of America is apparently the owner of a headquarters on a 15-acre compound in Dawson Springs, Kentucky. The Plaintiff was represented by SPLC (Southern Poverty Law Center) founder and chief trial attorney Morris Dees. The suit was tried against the Imperial Klans of America and two of its leaders, Ron Edwards and "Grant Titan" Jarred R. Hensley. The jury deliberated for five hours after three days of testimony. As a result of the attack, Gruver suffered a broken jaw, broken left forearm, two cracked ribs and some cuts and bruises. He may have some nerve damage and some psychological trauma. "The people of Meade County, Kentucky, have spoken loudly and clearly. And what they've said is that ethnic violence has no place in our society, that those who promote hate and violence will be held accountable and made to pay a steep price," Dees said.

In Indiana, Peggy Sue White's surviving Spouse, David White brought a wrongful death law suit against Dr. Dennis Cavanaugh and Pathology Associates. Peggy White, a known asthmatic, was a 52 year old woman who went into Pathology Associates for an elective stress test. The Terre Haute Medical Lab technician took her medical history. Dr. Cavanaugh then underwent an adenosine stress test. Approximately three minutes into the test the Mrs. White developed extreme shortness of breath and shortly there after, died. Plaintiff's alleged that the Physician's Desk Reference says that adenosine is strictly contraindicated in patients with known or suspected asthma. The matter was submitted to a medical review panel which unanimously found that both Dennis Cavanaugh and Pathology Associates failed to meet the requisite standard of care and that as a result Peggy Sue White died. After a five day trial involving 11 expert witnesses, the jury returned a defendant's verdict for both Dr. Cavanaugh and Pathology Associates. Plaintiff was represented by Michael Miller of Indianapolis and both defendants were represented by Scott M. Kyrouac of Terre Haute. The Plaintiff's estate filed a motion to correct errors which was denied.

Also in Indiana, Roger Vuckovich, age 45, went to the ER where he was diagnosed with Kidney stones. He was discharged from the ER. He wnt home to bed and died from an abdominal aortic aneurysm. His surviving spouse, Cynthia, was critical of Dr. Sareen, Dr. El-Naggar and the staff of St. Catherine Hospital for failing to properly diagnosis her husband. The medical review panel unanimously concluded that Dr. El-Naggar, Dr. Sareen, and the hospital did not breach the standard of care. Plaintiff proceeded to trial against Dr. Sareen. Dr. Sareen denied that he was negligent and that a CT scan in the ER was necessary. The jury returned a verdict for the Plaintiff and against the defendant, Dr. Sareen, in the amount of $4,450,000. The parties stipulated to a remittitur down to $1,250,000 which was the applicable statutory cap. Plaintiff was represented by Barry D. Rooth and Holly S.C. Wojcik. Defendant was represented by John M. McCrum and Kirk D. Bagrowski.

In Illinois, a judge recently denied a motion by attorneys for the Catholic Diocese of Belleville to set aside a $5 million civil jury verdict against the church for damages suffered by a former altar boy. St. Clair County Circuit Judge Lloyd Cueto issued his one-sentence order that may trigger an appeal. St. Louis attorney David Wells represents the diocese. Belleville Bishop Edward Braxton will make the final decision on an appeal. He could not be reached.
On Aug. 27, after an 8 day trial, a jury awarded James Wisniewski, 47, of Champaign, $5 million in damages and medical costs. Wisniewki alleged that the Rev. Raymond Kownacki sexually abused him for five years beginning when he was a 13 year old altar boy at St. Theresa's Church in Salem. Kownacki, 73, of Dupo, does not wish to comment. He remains a priest and receives retirement pay but cannot wear a priestly collar or perform any church duties.
Belleville attorneys Mike Weilmuenster and Steve Wigginton presented diocesan documents obtained during discovery that allegedly showed that former Belleville Bishop James Keleher and others knew that Kownacki was a child rapist. Nevertheless, he was apparently repeatedly reassigned to unsuspecting parishes. The Illinois Supreme Court refused to stop the trial on grounds that the lawsuit was barred by statute of limitations and other legal time limits. The damages include $2.4 million for compensatory damages including medical costs and $2.6 million in punitive damages.