Shareholder And Litigation Attorney
CurrentRepresentative MattersMr. Pernice represented a driver involved in a fatal collision on Halloween night, 2013. The Plaintiff's estate claimed the driver was driving too fast for the rainy conditions. It was undisputed the Plaintiff disobeyed a traffic signal and pulled into the path of the Defendant. The jury took less than an hour to determine the accident was solely the fault of the Plaintiff. Mr. Pernice defended a car dealership in an assault case and received a unanimous verdict in favor of the defendant. The plaintiffs, Hughie and Janice Harrison claimed that Mr. Harrison was struck in the back of the head by a dealership employee during a confrontation at Don Franklin Chevrolet, Buick, GMC in Somerset, Kentucky. As a result, he claimed that he suffered significant physical and psychological injuries. The jury deliberated for less than 30 minutes. Harrison v. Don Franklin Pulaski Circuit Court; Civil Action No. 12-CI-00691 Mr. Pernice represented property owners Fred White, Hannah White, and Freddy White, owners of White’s Mountain Village in Rowan County, Kentucky against claims that construction activity on their property resulted in flood damage to the property of the plaintiffs. At trial, a directed verdict was granted in favor of the defendants on all of the plaintiffs’ claims. Glenn & Donna Moore v. Fred White, et al. Rowan Circuit Court, Civil Action No. 11-CI-90266. Mr. Pernice represented Ervin Cable Construction, Inc. against claims that a subcontractor’s employee was injured as a result of the negligence of an Ervin Cable Construction, Inc. employee. The Jackson Circuit Court initially denied the defendant’s Motion for Summary Judgment. However, the case was immediately appealed to the Kentucky Court of Appeals on the grounds of Worker’s Compensation Immunity. The Court of Appeals ruled in favor of Ervin Cable Construction, Inc., and the matter was dismissed. Ervin Cable Constr., LLC v. Lay, 2015 Ky. App. LEXIS 43.
