CASE NO. 17-CI-000499 JEFFERSON CIRCUIT COURT DIVISION ONE (1) JUDGE BARRY WILLETT LINDA Y. REED PLAINTIFF v. TRIAL MEMORANDUM Filed Electronically HURRICANE BAY and KENTUCKY KINGDOM a/k/a KENTUCKY KINGDOM REDEVELOPMENT COMPANY, LLC a/k/a KENTUCKY KINGDOM, LLLP DEFENDANT Comes the Plaintiff, Linda Reed, by and through counsel, and in accordance with this Court s Civil Jury Trial Order entered on March 20, 2018, and submits the following Trial Memorandum and Itemization of Damages. INTRODUCTION On August 1, 2016, Yvonne Reed was walking through the restroom in Hurricane Bay when she slipped and fell in a puddle of water. Ms. Reed landed on her knee and hyper extended her right leg, resulting in a torn hamstring. Ms. Reed has incurred past medical bills of $40,445.43 and missed approximately 258 hours of work resulting in $8,186.34 in past lost wages FACTUAL AND MEDICAL BACKGROUND Yvonne Reed, a resident of Fortville, Indiana, took her 8 year old young grandson, Skyler, to Kentucky Kingdom and Hurricane Bay for a weekend vacation before the 2016 school year started. They had spent the weekend riding roller coasters at Kentucky Kingdom as well as water rides at Hurricane Bay. It had rained the morning of Monday, August 1, 2016, and Ms. Reed and Skyler spent most of the day at Hurricane Bay. Later that afternoon, before making the PC : 000001 of 000006 1
two-hour drive back to Fortville, Ms. Reed decided to use the restroom by the wave pool and asked Skyler to wait for her outside the entrance of the restroom. After washing her hands and upon exiting the restroom, Ms. Reed noticed puddles and standing water on the restroom floor, and as she was cautiously trying to step on dry areas, she slipped and fell landing on her buttocks and left knee causing her to hyperextend her right leg resulting in a torn hamstring. Immediately after the fall, someone called for help and within a few minutes Kentucky Kingdom staff arrived. Emergency assistance was called and while waiting for them to arrive, Ms. Reed sat in a wheelchair. Ms. Reed was in severe pain and was crying. Ms. Reed was transported by Louisville Metro EMS to the emergency room at Norton Audubon Hospital. She presented with the chief complaint of right thigh pain and hip pain. Ms. Reed was given x-rays of her right hip, right leg, and a CT scan of her pelvis. The results showed suggestion of hemorrhage and stranding within the proximal right hamstring highly suspicious for tear. Ms. Reed was diagnosed with a right hamstring tear and hematoma. Ms. Reed remained in the hospital until August 4, 2016, when she was then transferred to a nursing home. On August 4, 2016, Yvonne Reed was admitted to Oaklawn Nursing and Rehabilitation Center. Ms. Reed immediately began an extensive physical therapy and occupational therapy program. Treatment included therapeutic exercises, neuromuscular reeducation, gait training, manual therapy, electrical stimulation and self-care management training. Ms. Reed remained in the nursing home for the next two weeks. She was discharged on August 19, 2016 and returned home to Fortville, Indiana. Ms. Reed began an outpatient physical therapy program with ATI Physical Therapy on August 23, 2016. Her treatment included electrical stimulation, therapeutic exercises, therapeutic PC : 000002 of 000006 2
activities and neuromuscular reeducation and dry-needling therapy. Ms. Reed continued treatment over the course of the next three months, completing treatment on November 14, 2016. In addition, Ms. Reed followed up and was treated for continued pain in her right hamstring with her primary care physician, Dr. Donnis Patton on August 25, 2016 and October 13, 2016. Dr. Patton instructed her to continue with physical therapy and recommended Ms. Reed see an orthopedist. On October 18, 2016, Yvonne Reed went to OrthoIndy for an orthopedic check-up. Dr. Timothy Hupfer advised Ms. Reed to wear biker shorts, icing at home, continue physical therapy and return on an as needed basis. EXPERT TESTIMONY Prior to the August 1, 2016 slip and fall, Plaintiff Linda Reed was not suffering from or had ever experienced any pain or injury to her right hamstring. Ms. Reed has named her treating physicians Muhammad Babar, M.D. and Donnis Patton, M.D. as experts. It is anticipated that Muhammad Babar, M.D., board certified in geriatrics and internal medicine, will testify regarding the care and treatment he provided to Linda Reed while she was an in-patient at Oaklawn Nursing and Rehabilitation Center, and his sworn testimony will include opinions on diagnosis of the injury, cause of the injury and appropriate treatment for the injury. Linda Reed anticipates presenting Dr. Babar s testimony at trial via video. It is anticipated that Donnis Patton, M.D., board certified in Internal Medicine, will testify regarding the care and treatment she provided to Linda Reed, and her sworn testimony will include opinions on diagnosis of the injury, cause of the injury and appropriate treatment for the injury. Linda Reed anticipates presenting Dr. Patton s testimony at trial via video. PC : 000003 of 000006 3
In addition to Plaintiff Linda Reed s treating physicians, it is anticipated that Linda Reed will testify, and her daughter, Heather Reed Reeves, and son, Chris Reed, may testify as well as to Linda Reed s general health before the fall as well as her struggle after the injuries. Plaintiff anticipates calling Defendant Kentucky Kingdom employees Jessi O Daniel and Lesly Birkner as if on cross-examination. As of the filing of this Pre-Trial Compliance, Defendant has not identified any witnesses. It is anticipated that Plaintiff s case in chief will take approximately two full days, and the trial is scheduled to begin on December 4, 2018 at 10:00 a.m. DAMAGES Plaintiff claims past medical expenses not to exceed $40,445.43, lost wages not to exceed $8,186.34, and pain and suffering not to exceed $75,000.00. NEGOTIATIONS AND PROCEDURAL POSTURE On January 30, 2017, counsel for Linda Reed filed the Complaint with Jefferson County Circuit Court. On February 20, 2017, counsel for Ms. Reed received an Answer from Defendant Kentucky Kingdom. Parties to this matter have exchanged written Discovery, and Plaintiff Linda Reed has given sworn deposition testimony. The deposition of Ms. Reed s treating physician, Dr. Muhammad Barbar was completed on September 27, 2018 and Dr. Donnis Patton s deposition is scheduled for November 7, 2018. Plaintiff s counsel has taken the depositions of Kentucky Kingdom representatives, Lesly Birkner and Jessi O Daniel on October 2, 2018 and October 31, 2018. A trial is set for December 4, 2018. On September 4, 2018, counsel for Linda Reed sent a formal demand in the amount of $48,631.77, which represents the total amount of Plaintiff s medical bills and past lost wages. PC : 000004 of 000006 4
To date, Defendant Kentucky Kingdom/Hurricane Bay has declined to make any offer of settlement and refused to mediate. ITEMIZATION OF DAMAGES Comes the Plaintiff, by and through counsel, and in accordance with this Court s Civil Jury Trial Order entered on March 24, 2018, and submits the following Itemization of Damages. Past medical expenses: Not to exceed $40,445.43 Past wage loss: Not to exceed $8,186.34 Past and future pain and suffering: Not to exceed $75,000.00 Total: Not to exceed $123,631.77 Respectfully submitted, /s/ Damon B. Willis Damon B. Willis EWING & WILLIS, PLLC 6009 Brownsboro Park Blvd., Suite B Louisville, Kentucky 40207 Tele: (502) 585-5800 Fax: (502) 585-5858 Email: damonwillislawyer@yahoo.com Counsel for Plaintiff CERTIFICATE OF SERVICE It is hereby certified that a true and correct copy of the foregoing document was filed electronically and mailed First Class United States postage this 2 nd day of November 2018 to the following: Gaylee W. Gillim Law Office of Gaylee W. Gillim P.O. Box 4563 Louisville, Kentucky 40204 Counsel for Defendant PC : 000005 of 000006 5
Liam E. Felsen FROST BROWN TODD 400 W. Market Street, Suite 3200 Louisville, Kentucky 40202 Counsel for Defendant /s/ Damon B. Willis Damon B. Willis Counsel for Plaintiff PC : 000006 of 000006 6