Steven Lowery

Obtained Rule 12 dismissal on behalf of Ohio attorneys and their law firm in omnibus civil lawsuit alleging a failure by the clients to defend the plaintiff in separate litigation, succeeding on claims of pleading deficiency and other legal bases.

Obtained defense verdict in a two-day personal injury and UIM jury trial arising from a multi-vehicle collision which involved a fatality.  

Obtained dismissal in professional negligence claim against an insurance agent and agency through grant of motion for summary judgment, successfully dismissing eight civil claims on the eve of a scheduled trial.

Obtained directed verdict on all claims for organization in small-claims bench trial involving allegations of defamation, with plaintiff seeking the maximum recovery available under applicable law.

Client operated an agritourism business focusing on guided horseback rides in Barren County, Kentucky. Plaintiff fell from her horse during her participation in the ride, suffering injury. She proceeded to bring suit against the client, claiming it was negligent in maintaining the horse’s saddle and tack, among other allegations of negligence. After successfully obtaining summary judgment in the Barren Circuit court on the basis of a pre-injury waiver signed by the Plaintiff prior to her participation, the Plaintiff appealed to the Kentucky Court of Appeals. The Kentucky Court of Appeals, through published opinion, affirmed summary judgment granted on behalf of the client by the Barren Circuit court, pertinently holding that the pre-injury waiver signed by the Plaintiff prior to her fall was enforceable under the strict common law standard.

Successful representation of governmental entity before the Equal Employment Opportunity Commission on claims of employment discrimination.

Succefully briefed appellate case further defining the legal scope of pre-injury exculpatory releases in Kentucky.

Successful defense of two legal malpractice actions alleging violations of the FDCPA through negotiations to prevent inclusion into a compelled arbitration process on the basis of federal non-signatory jurisprudence.

Defense of a DNA testing and reporting entity on claims that pre-natal paternity testing results were fraudulently misrepresented to Plaintiff, and related claims for loss of parental consortium on behalf of minor plaintiff. Motion for Judgment on Pleadings was granted in favor of client on all claims, as Plaintiffs’ claim for fraudulent misrepresentation was not plead with sufficient particularity, and claim for loss of parental consortium did not exist under applicable law.