Assisted Client through LLC Formation and Tenant Troubles
We formed the client LLC and facilitated transfer of a farm into the LLC. We worked with the client to negotiate a lease agreement with a horse trainer interested in leasing the property. After advising the client on several issues related to the trainer’s compliance with the lease, we assisted the client in declaring the trainer to be in default, terminating the lease agreement, and initiating and completing forcible detainer proceedings to evict the trainer. We then assisted the client in negotiating a new lease agreement and a settlement agreement with the trainer.
Assisted Client with the Formation of a Horse Boarding Operation
Our client purchased a farm in Shelby County with the intent to start a horse boarding operation. In conjunction with the client’s accountant, we advised them on entity formation and formed two LLCs to hold the real estate and run the business, respectively. We prepared a lease agreement for the business LLC to lease the farm from the property LLC, and we facilitated transfer of personal property (horses) into the business LLC. We also advised the client on risk management and insurance issues relating to a boarding operation.
Counseled Client through Settlement with Veterinarian
Our client purchased an American Saddlebred show horse in reliance upon a pre-purchased examination performed by a local veterinarian. The examination failed to note navicular cysts in both front feet despite the cysts being visible on radiographs taken during the exam. The horse became chronically lame and required management for the rest of his life. We assisted our client in submitting a claim to veterinarian’s malpractice insurer and in negotiating a settlement without the need for litigation.
Ongoing Counsel to Show Horse Training Barn
Our client is an American Saddlebred training operation with show horses and a large lesson program. Over the years, we have advised the client on reinstatement of the LLC, registration of an assumed name, property lease negotiations, and collections matters. In addition, we have prepared show horse lease agreements and advised on general risk management issues.
Outside Counsel for Nonprofit Horse Rescue
Saddlebred Rescue, Inc. (SBR) is a non-profit horse rescue based in New Jersey. We serve as SBR’s outside counsel and advise on corporate governance and non-profit best practices. We also prepare adoption agreements and advise on a variety of issues related to fundraising, social media, and staffing.
Pro Bono Counsel to Historic Riding Club
Our client is a historic riding club with 501(c)(3), and we assist with pro bono legal work. We have prepared license and lease agreements, advised on property valuation issues, and counselled on insurance and liability issues for both the club and its annual horse show.
Representative Reported Cases
A listing of Anne Guillory’s published cases, with citations.
Manning v. Arch Wood Prot., Inc., Civil Action No. 0:13-cv-00127-HRW-CJS (E.D. Ky. Sept. 27, 2017). Won summary judgment for a wood preservative manufacturer based upon Kentucky’s one-year statute of limitations for personal injury claims, KRS 413.140. Plaintiff lineman alleged injury from exposure to treated wood poles. Federal district court found that plaintiff knew or the in the exercise of reasonable diligence should have known that his claim accrued more than one year before he filed suit. In doing so, the district court adopted the magistrate judge’s prior report and recommendations.
Brown v. Arch Wood Prot., Inc., 2017 U.S. Dist. LEXIS 157101 (E.D. Ky. Sept. 26, 2017). Won summary judgment for a wood preservative manufacturer based upon lack of product identification evidence. Plaintiff lineman alleged injury from exposure to treated utility poles. He named six defendants – three preservative manufacturers and three wood treaters. Federal district court granted summary judgment based upon lack of direct product identification evidence and lack of evidence supporting the concert of action theory of product identification.
McCarty v. Arch Wood Prot., 2016 U.S. Dist. LEXIS 44536 (E.D. Ky. Feb. 26, 2016), adopted by McCarty v. Arch Wood Prot., Inc., 2016 U.S. Dist. LEXIS 44883 (E.D. Ky. Mar. 31, 2016). Defend a wood preservative manufacturer against a plaintiff claiming he developed a rare lung condition from exposure to a treated wood product. Plaintiff disclosed seven expert witnesses to establish medical causation. In one consolidated Daubert motion, the defendants jointly sought to exclude all seven experts based upon the speculative nature of their opinions. The court granted our motion, excluded all seven experts and granted summary judgment on plaintiff’s most significant claims. Thereafter the case resolved favorably for our client.
Nissan Motor Co. v. Maddox, 486 S.W.3d 838 (Ky. 2015). Automotive crashworthiness case alleging restraint system and seat design defects. On appeal, the Kentucky Supreme Court vacated the punitive damages award because automaker met or exceeded FMVSS requirements and there was no evidence of gross negligence or reckless disregard.
Hiser v. Seay, 2014 U.S. Dist. LEXIS 168429 (W.D. Ky. Dec. 4, 2014). Product liability suit against vehicle manufacturer. Successful removal of case to federal court more than one year after suit was filed based upon “bad faith exception” of 28 U.S.C. 1446(c)(1).
McGuire v. Lorillard Tobacco Co., 2014 Ky. App. LEXIS 25 (Ky. App. Feb. 20, 2014) (unpublished). Asbestos product liability case. Defense verdict at trial in favor of cigarette manufacturer affirmed on appeal.
Rodrock v. Gumz, 2012 U.S. Dist. LEXIS 57245 (W.D. Ky. Apr. 23, 2012). Represented plaintiffs in business dispute related to stallion management and partnership agreements. Trial court denied defendants’ motion to dismiss four of our claims and found that the economic loss rule did not apply to service contracts.
Williams v. Toyota Motor Sales, U.S.A., Inc., 2012 U.S. Dist. LEXIS 6724 (E.D. Ky. Jan. 20, 2012). Summary judgment entered in favor of vehicle manufacturer due to insufficient evidence presented by plaintiff to support product liability claim.
Messerly v. Nissan North America, Inc., 2011 Ky. App. LEXIS 234 (Ky. App. Dec. 2, 2011). Product liability case alleging that child’s death was caused by absence of rear camera in sport utility vehicle.
ISP Chemicals LLC v. Dutchland, Inc., 2011 U.S. Dist. LEXIS 72701 (W.D. Ky. July 6, 2011). Defended a family-owned wastewater tank design company where plaintiff alleged negligent engineering and construction of a concrete wastewater treatment tank. Trial court reversed its previous ruling and found that the majority of plaintiff’s claims were barred by the one-year statute of limitation for professional negligence. In related rulings, the court excluded several opinions by one of plaintiff’s expert witnesses. Finally, less than one month before trial, the court granted us permission to file an additional dispositive motion based upon Kentucky’s recent adoption of the economic loss rule. With that motion pending, the case resolved favorably and enabled our client to remain in business.
Walker v. Philip Morris USA Inc., 610 F.Supp.2d 785 (W.D. Ky. 2009). Multiple fatality house fire allegedly caused by careless smoker. Motion to dismiss granted in favor of cigarette manufacturer.
Early v. Toyota Motor Corp., 277 Fed. Appx. 581 (6th Cir. 2008). Double fatality carbon monoxide poisoning case brought against vehicle manufacturer. The Sixth Circuit affirmed the trial court’s exclusion of plaintiffs’ expert under Daubert and affirmed summary judgment for manufacturer. See also Early v. Toyota Motor Corp., 486 F. Supp. 2d 633 (E.D. Ky. 2007) (district court’s opinion excluding expert).
General Electric Co. v. Cain, 236 S.W.3d 579 (Ky. 2007). Represented multiple defendants in asbestos premises liability case. The appeal resulted in a significant opinion by the Kentucky Supreme Court applying the exclusive remedy provisions of the Kentucky workers compensation act, known as the “up the ladder” defense.