Linsey W. West

Defense of a hospital against sexual harassment/hostile work environment and retaliation claims brought pursuant to the Kentucky Civil Rights Act. The plaintiff alleged a physician at the medical center sexually harassed her by making inappropriate comments about her appearance and unwanted physical contact, thereby creating a hostile work environment. She further alleged the hospital was aware of the physician’s conduct and failed to act. We defended the sexual harassment claim on the grounds that the physician’s alleged behavior was not sufficiently severe or pervasive to create a hostile work environment and, in any event, the hospital acted appropriately once the physician’s behavior was reported. We defended the retaliation claim on the ground that no there was no adverse employment action taken against the plaintiff. The plaintiff originally sought $5 million in damages, but asked the jury for $2.5 million in closing argument after the court granted a directed verdict on the retaliation claim. The jury returned a verdict for just $75,000.

Defense of Automobile Manufacturer against unwanted acceleration allegation involving two seriously and permanently injured plaintiffs. Daubert motion lead to exclusion of plaintiffs’ liability expert and motion in limine resulted in exclusion of numerous allegedly similar incidents. Negotiated favorable settlement for Automobile Manufacturer.

Counsel for Regional Jet Manufacturer in product liability litigation arising from the August 27, 2006 crash of Delta Flight 5191. All claims against the manufacturer were voluntarily dismissed.

The plaintiff had purchased a track loader from our client, a Japanese equipment manufacturer. The plaintiff then attached a rotary mower, which had been purchased from another supplier, onto the track loader and attempted to mow a neighbor’s farm where a man-made pond existed. The plaintiff rode the newly-modified vehicle onto the dam, or berm, of the pond, the ground gave way under the vehicle’s weight, and the vehicle and its occupant overturned into the pond. The operator was killed, and a product liability suit was filed by his family. Working with mechanical engineers, we determined that the operator had been using the track loader in a manner inconsistent with the operating manual and subsequently developed incontrovertible evidence the product was free of any defects. We eventually negotiated a settlement favorable to our client.

Lead defense counsel for a liquid natural gas pipeline operator in litigation arising from a pipeline explosion at Ivel, Kentucky. Sixteen injuries, 45 claimants. Experience included defense of apex depositions.

Defense of a recreational vehicle manufacturer against claims of quadriplegic plaintiff operating recalled ATV. Experience included deposition preparation with Japanese apex witness in Japan and presentation of two Japanese witnesses for depositions.