Robert L. Abell
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- Robert Abell Law
- 120 North Upper Street
Lexington, KY 40507
Robert L. Abell represents honest, hard-working individuals and families that do the right things yet find themselves injured and harmed by the wrongdoing -- whether intentional or negligent -- of others and, as a result, need a lawyer's help. Usually, these folks have never before had any contact of any kind with the legal or court system.
Robert handles cases for individuals and families mostly but not exclusively in four different areas: personal injury and accidents, employment law, Kentucky workers compensation and insurance law. Often, these areas overlap and across-the-board expertise is an advantage. The following is a sampling of some of the cases that Robert has handled over the course of the last 27+ years and included are some of the court filings and decisions in the cases.
• Wrongful Death/Interstate Trucking - Estate of Clark Legg v. Dandy Service Corporation, Rowan Circuit Court (co-counsel with lawyer Chris Frederick of West Liberty, Kentucky). Mr. Legg was killed in an interstate trucking accident when a tractor trailer struck his truck on I-64 near Morehead, Kentucky; read the Complaint (the case was removed to federal court in Ashland, Kentucky)
• Workers Compensation Retaliation. Kenneth Casey v. Milner Electric Company, Fayette Circuit Court. This case illustrates the intersection of two areas of law: Kentucky workers compensation and employment law. Mr. Casey claimed in the lawsuit that he was fired after he was injured on the job and asserted his rights to medical coverage and other benefits under Kentucky workers compensation law. The jury agreed and he was awarded back pay, compensatory damages, punitive damages and attorney's fees totaling $140,789.52; Read the Trial Verdict & Final Judgment.
• Accident and Kentucky Workers Compensation. James Land v. Frito-Lay, Kentucky Dept. of Workers Claims; James Land v. Ellen Ramey, Jefferson Circuit Court. Mr. Land, while on the job for Frito-Lay and driving his work vehicle, was struck by a vehicle driven by another driver sustained serious injuries. He underwent two back surgeries and received a Kentucky workers compensation opinion, order and award of benefits from a Kentucky workers compensation administrative law judge. It was also necessary to file suit on Mr. Land's behalf in Jefferson Circuit Court against the negligent driver and this is the complaint. That suit was settled for $100,000 the policy limits, although the workers compensation insurance company was able to recover from Mr. Land some of the monies he had recovered from the other driver under what is known as indemnity. This case illustrates the intersection of accident and personal injury, Kentucky workers compensation and insurance law.
• Sex Discrimination, Hostile Work Environment and Retaliation. Melinda Massarone v. Lexington-Fayette Urban County Government, Fayette Circuit Court. Melinda Massarone was the first woman to rise to the rank of Captain in the Lexington police department. She claimed that she was subjected to sex discrimination in her employment and her lawsuit claimed sex discrimination, retaliation and aiding and abetting discrimination. Read the amended complaint. The case generated substantial news coverage, "Suit Claims Sex Discrimination By Lexington Chief," "Walsh Is Target of Sex Bias Suit," "Sexual Assault Claims Included, Judge Rules In Suit of Ex-Police Chief Race Bias Claim Allowed," "Sex Claim OK'd for Walsh Trial" and was settled for $150,000, "Lawsuit Naming Walsh Settled."
• Disability Insurance Benefits. Lyman Powell v. Hartford Life Insurance Comapny, U.S. District Court, Bowling Green. Mr. Powell brought suit seeking reinstatement of his disability insurance benefits by the Hartford. Although this type of case, which was brought under a federal law popularly known as "ERISA," is typically decided based solely on a review of the claims file without any discovery or presentation of further information, Robert Abell succeeded in obtaining an order allowing investigation of the relationship between the Hartford and a third-party medical consulting group, the University Disability Consortium; read the Court's Opinion and Order.
• Age Discrimination. James Wells v. Columbia Gas of Kentucky, Fayette Circuit Court. Mr. Wells worked for Columbia Gas of Kentucky for nearly 40 years and was nearing retirement when he was fired for some trumped-up reason that, in the jury's view, had no credibility. He filed suit claiming age discrimination, the jury found in his favor and awarded him on the verdict form awarded him $165,377 in damages including $50,000 in punitive damages. Read the Jury Verdict form.
These are only a few and you are encouraged to visit the Robert Abell Law library to read more about these and other cases that Robert Abell has handled or is handling. Please keep in mind that it is true that all cases are different. One of the reasons why you are looking for a lawyer is because you want someone to explain to you whether you have a case and why, how your case is or is not different from other cases the lawyer has handled and what type of result or remedy you can expect. A lawyer should be able to explain these things to you in a way that you can understand. After all, you are hiring a lawyer because he or she may ultimately have to explain your case one day to a group of strangers - a jury - and if the lawyer cannot explain it to you in a way that you can understand you may and frankly should question whether or not they will be able to explain to a group of strangers.
Robert L Abell opened the Robert Abell Law office in Lexington, Kentucky in 1991. Before this he worked as a public defender for the Legal Aid Society of New York City representing poor people accused of crimes in the boroughs of Manhattan, Brooklyn, Queens, Bronx and Staten Island. He previously worked for a large Louisville-based law firm, Greenebaum Doll McDonald. While attending Tulane University Law School in New Orleans, Robert worked as a law clerk for United States District Judge A. J. McNamara, as a research assistant for the late and very much missed David Gelfand, a Tulane Law school professor, great friend and mentor, and interned at the Orleans Parish District Attorney's Office where he met Harry Connick, Jr., whose father, Harry Connick, Sr., was then the District Attorney for New Orleans.
A Kentucky native raised in Independence, Robert and his wife, Patty, have two daughters, Annalee, who is a graduate of Georgetown University in Washington, DC, where she was a member of its varsity women's volleyball team, and is now a math teacher at SciTech Academy in New Orleans, and Sara, an accomplished pianist, who attends the University of Kentucky and is preparing for a career in medicine.
Tulane University Law School, New Orleans, Louisiana, Juris Doctor, 1987
- In Farmer Case, We Could Push Law So Far As To Criminalize Politics, Lexington Herald-Leader, April 30, 2013
- The Executive, Administrative and Professional Exemptions to the Overtime Requirement, The Advocate, January/February 2010
- Tort Reformers Want Cruel Cure for Fictional Ill, Lexington Herald-Leader, January 4, 2010
- "Exposing Deceptive Defense Doctors" by Dorothy Clay Sims (book review), The Advocate, September/October 2009
- A Guide to Getting "Differential Diagnosis" Evidence Admitted, The Advocate, July/August 2009
- There You Go Again; Admissibility of Other Bad Act Evidence Under KRE 404(b), The Advocate, May/June 2009
- Ask An Attorney Questions, Demand Straight Answers, Lexington Herald-Leader, March 2, 2009
- Law Helps Workers Recover Fair Pay, Lexington Herald-Leader, February 10, 2009
- Injured Workers May Pursue Civil RICO Claim Based on Enterprise to Deny Them Workers Compensation Benefits, The Advocate, January/February 2009
- Congress Must Fix Inequitable Drug Sentences, Lexington Herald-Leader, February 14, 2005
- Punitive Damages Should Be Recoverable for Employment Discrimination Under the Kentucky Civil Rights Act, The Advocate, May/June 2001
- Liability Suits Are Path to Justice, Lexington Herald-Leader, February 28, 2000
- Special Counsel Law Doesn't Need Amending, New York Times, December 11, 1995 (Letter to the Editor)
Professional Honors & Activities:
- American Justice Association
- Kentucky Justice Association
- National Employment Lawyers Association
- National Association of Criminal Defense Lawyers
- Kentucky Bar Association
Presentations & Speeches:
Panelist on First Amendment/free speech aspects of political campaign finance reform on Kentucky Tonight, May 14, 1998, June 21, 1999, and October 4, 2000.
Download a Publication:
- Comair Crash: Court Rules Pilot Negligence "Substantial Factor"
- A Guide To Getting Differential Diagnosis Evidence Admitted
- Bicycle Accidents - Bicyclist Does Not Assume Risk of Defective Roadway - Cotty v. Southampton
- Are life insurance benefits payable where death results from accidentally running a stop sign? Since an ordinary person would characterize running a stop sign as an accident, life insurance benefits payable for an accidental death must be paid.
- Uninsured Motorist (UM) Benefits May Be Recovered In Work Death Kentucky Court of Appeals Rules In State Farm v. Slusher
- Sex & Gender Discrimination In Employment -- A SPECIAL REPORT
- An Informal Complaint May Constitute Protected Activity For Purposes of Retaliation
- Sexual harassment and hostile work environment; when is it unlawful?
- Racial harassment and hostile work environment; what is it unlawful?
- Hostile Work Environment and Racial Harassment
- USERRA Verdict for National Guardsman Upheld -- Hance v Norfolk Southern
- National Guardsman Wins USERRA Case
- Disability Discrimination - Chronic Fatigue Syndrome Found Disabling
- Disability Discrimination - Chronic Fatigue Syndrome Covered By Americans With Disabilities Act
- Sexual Harassment - Hostile Work Environment Created By "Locker Room" Atmosphere
- Sex Discrimination - Stereotyping The Male Accused of Sexual Harassment
- Disability Discrimination - Epilepsy and the Americans With Disabilities Act
- Sex Discrimination - Male Accused of Sexual Harassment May Sue For Sex Discrimination - Sassaman v. Gamache
- Disability Discrimination - Epileptic Awarded $475,000 - Finan v. Good Earth Tools, Inc.
- "Sex Plus" Discrimination: Woman Passed Over for Promotion Because of Presumed Childcare Responsibilities
- Sexual Harassment - Hostile Work Environment Created By "Locker Room" Atmosphere - Gallagher v CH Robinson Worldwide
- There You Go Again: Admissibility of Other Bad Act Evidence Under KRE 404(b)
- Race Discrimination - Discrimination Based On Advocacy For or Association With Co-Employee of Different Race Is Unlawful - Barrett v Whirlpool Corporation
- Sex Discrimination: Mother of Four Denied Promotion Subjected to "Sex Plus" Discrimination in Chadwick v. WellPoint
- Age Discrimination - Wells v Columbia Gas; Amended Complaint
- Age Discrimination - Wells v. Columbia Gas; Jury Verdict Awarding Damages
- Age Discrimination - Wells v. Columbia Gas - Brief to Kentucky Court of Appeals
- Age Discrimination - Wells v Columbia Gas - Kentucky Court of Appeals Opinion
- Kentucky Workers Compensation Retaliation - Judgment Awarding Damages & Punitive Damages
- Workers Compensation Retaliation, Malicious Prosecution & Abuse of Process - Isham v. ABF Freight Systems - Complaint
- Workers Compensation Retaliation, Malicious Prosecution & Abuse of Process - Isham v. ABF Freight Systems - Kentucky Court of Appeals Opinion
- Age Discrimination - Wells v. Columbia Gas - "Columbia Gas Held Guilty of Age Bias" - Lexington Herald-Leader
- Sex Discrimination & Retaliation Complaint - Massarone v. Lexington-Fayette Urban County Government
- Sex Discrimination, Retaliation & Aiding and Abetting Discrimination Amended Complaint - Massarone v. Lexington-Fayette Urban County Government
- Workers Compensation Retaliation - Works v. LexTran - "Dismissed LexTran Driver To Return To Work Monday"; Lexington Herald-Leader, October 14, 1995
Overtime & Wages
- Misclassification of Employees and Overtime Requirements
- Loan underwriters Are Entitled to Overtime; The Administrative Exemption Does Not Apply
- Wage Class Action Under RICO Approved - Kentucky Employment Lawyer
Kentucky Workers' Compensation
- Are doctors that examine injured persons for an insurance company or corporation fair? Dorothy Clay Sims wrote a book about it, "Exposing Deceptive Defense Doctors." Robert Abell reviewed it for the Kentucky Justice Association publication, The Advocate.
- Worker Injured In Fall Entitled To Benefits -- Vacuum Depositing v Dever
- Injured Worker's Negligence Claim Not Barred By Workers Comp -- Labor Ready v Johnston
- Workers Compensation - Injured Workers Denied Benefits May Pursue RICO Claims - Brown v Cassens Transport
- Remedies For Injured Workers Denied Workers Compensation Benefits
- Injured Workers May Pursue a Civil RICO Claim Based On An Enterprise Denying Them Workers' Compensation Benefits (published in The Advocate by the Kentucky Justice Association)
- Disability Benefits Terminated? Did the Insurance Company consider your doctors' opinions and evaluations?
- Disability Benefits Terminated? An Insurance Company's Failure to Consider Treating Doctor's Opinions Violates Federal Law - Love v. National City
- Termination of Disability Insurance Benefits By Sun Life Ruled Arbitrary and Capricious
- Termination of Disability Insurance Benefits by Sun Life Was Arbitrary and Capricious, Court Rules
- Ignoring and Fabricating Evidence: The Hartford Life Claims Process
- Termination of Disability Benefits Reversed -- Kramer v Paul Revere Life Insurance Company
- Doctor With Multiple Sclerosis Wins Disability Benefits From Hartford Life - Bloom v Hartford Life
- Termination of Disability Benefits By Paul Revere and Provident Reversed
- Disability Insurance - Hartford Life Has Paid $13 Million To University Disability Consortium Since 2002
- Disability Insurer Tainted Claims Process by Providing Negative, Unfounded Information About Claimant to Medical Records Reviewer - DeLisle v. Sun Life
- Disability Insurance - Lyman Powell v Hartford Life - Motion To Take Discovery on Relationship Between Hartford Life and University Disability Consortium
- Disability Insurance - Lyman Powell v Hartford Life - Reply Memo re University Disability Consortium
- Disability Insurance - Lyman Powell v Hartford Life - Federal District Court Opinion Ordering Discovery on Relationship Between Hartford Life and University Disability Consortium
- Which nursing homes provide the best care?
- Corporate Greed Endangers American Families
- Damages For Loss of a Spouse; Surviving Spouse May Recover Damages for Lost Companionship and Consortium Rules Kentucky Supreme Court
- Mike Martin v Joseph Schutzman - No Probable Cause to Arrest and Charge With Crime
- Lawsuit Filings From Kentucky Administrative Office of Courts: FY 2001 - 2008
- Tortious Interference With Business Relationships - Prime Contracting, et al v. Wal-Mart - Federal District Court Opinion
- Tortious Interference With Business Relationships - Prime Contracting, et al v. Wal-Mart - Complaint
- Americans With Disabilities Act - "Disabled Lexington Man Sues Richmond"; Lexington Herald-Leader, September 30, 1992
- Americans With Disabilities Act - "City Ordered To Meet Needs of Disabled"; Richmond Register, August 6, 1993
- Americans With Disabilities Act - "City Sued For Handicap Access Plan"; Richmond Register, September 30, 1992
- Americans With Disabiliites Act - "Man Settles Suit Against Richmond"; Lexington Herald-Leader, July 29, 1993
- Asbestos Exposure - Perkins v. Serv-Air; Amended Complaint for Workers and Families Exposed to Asbestos
- Asbestos Exposure - Perkins v. Serv-Air; Memorandum
- Landreth v. Reddy - "Bank Officials Sued for Defamation"; Richmond Register, August 20, 1994
- Lexington Public Library v. Clark - Brief to Kentucky Supreme Court Regarding Application of Attorney-Client Privilege
- Archer v. Radio-Electronic Company - Memorandum Opposing Motion To Dismiss ERISA Suit for Monies in Profit-Sharing Plan Account
- Wheeler v. Lexington-Fayette Urban County Council - "Suit Against City Valid, Judge Finds"; Lexington Herald-Leader, June 26, 1997
- Michael Martin v. Joseph Schutzman, et al - "Villa Hills Councilman Sues, Says He Was Arrested After Questioning Cop"; Cincinnati Enquirer, June 10, 2008
- "Voter Who Wants To Switch Parties For Primary Joins Challenge To Election Law"; Lexington Herald-Leader, February 21, 1995