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Robert L. Abell

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 20+ 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 No. 10-CI-90217 (co-counsel with lawyer Chris Frederick of West Liberty, Kentucky). Mr. Legg was killed 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)

• Asbestos Exposure - Steve Perkins, et al v. Serv-Air, Inc., et al, Fayette Circuit Court No. 94-CI-2671. These clients were either employees or spouses of employees of the defendant corporation who exposed them to asbestos without proper protection over the course of several years. Read the amended complaint.

• Workers Compensation Retaliation. Kenneth Casey v. Milner Electric Company, Fayette Circuit Court No. 94-CI-2287. 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 No. 01-CI-2882. 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, No. 06-CV-134-M. 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 No. 99-CI-3699. 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 my 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 native of Kentucky raised in Independence, Robert and his wife, Patty, have two daughters, Annalee, who attends Georgetown University in Washington, DC and plays on its varsity women's volleyball team, and Sara, an accomplished pianist who objected strongly to being mentioned at all on this website.

Education:

University of Kentucky, Lexington, Kentucky, Bachelor of Arts (History), 1983

Tulane University Law School, New Orleans, Louisiana, Juris Doctor, 1987

Professional Honors & Activities:

Robert is a member of these bar associations:

American Justice Association
American Justice Association - Bicycle Injury Group
American Justice Association - Employment Rights Sectio
Kentucky Justice Association
National Employment Lawyers Association
National Association of Criminal Defense Lawyers
Kentucky Bar Association

Presentations & Speeches:

"Regulating and Reporting: Duties of the Cabinet and the Health-Care Employee," Conference on Health Care Transparency and Patient Advocacy by Health Watch USA, Kentucky Watch and Kentuckians for Nursing Home Reform, November 2007; "Hide & Seek: Discovery & Evidentiary Issues in Employment Litigation," Kentucky Academy of Trial Attorneys, June 2001; "Recent Developments in Civil Rights Litigation," Fayette County Bar Association, February 1993.

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.

Publications:

Robert L. Abell is the author of a number of two law blogs, Abell's Kentucky Law Blog and the Kentucky Employment Law Blog. He is also a frequent commenter on legal and law related issues.

Robert L. Abell has published in The Advocate, the official publication of the Kentucky Justice Association, the following articles:

The Executive, Administrative and Professional Exemptions to the Overtime Requirement (January/February 2010);

A Guide to Getting "Differential Diagnosis" Evidence Admitted (July/August 2009);

"Exposing Deceptive Defense Doctors" by Dorothy Clay Sims (book review)(September/October 2009);

There You Go Again; Admissibility of Other Bad Act Evidence Under KRE 404(b)(May/June 2009);

Injured Workers May Pursue Civil RICO Claim Based on Enterprise to Deny Them Workers Compensation Benefits (January/February 2009);

Punitive Damages Should Be Recoverable for Employment Discrimination Under the Kentucky Civil Rights Act (May/June 2001)

Robert has also had published a number of articles on tort reform and other issues:

Tort Reformers Want Cruel Cure for Fictional Ill, Lexington Herald-Leader, January 4, 2010

Congress Must Fix Inequitable Drug Sentences, Lexington Herald-Leader, February 14, 2005

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).

Bar Admissions:

Supreme Court of Kentucky and its lower courts
Supreme Court of Colorado and its lower courts
State Bar of New York

Counrt Admissions:

Community Activities:

Robert is a member of Calvary Baptist Church in downtown Lexington, the Sierra Club, the University Club of Kentucky and the Bluegrass Cycling Club.

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Robert Abell
120 North Upper Street
Lexington, KY 40507
Phone: (859) 254-7076
Fax: (859) 281-6541
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