May 29, 2013 — Attorneys representing all of the parties in a lawsuit stemming from the 2010 floods in Olive Hill appeared in Carter Circuit Court May 20 for motion hour.
A motion for a protective order – which would keep the plaintiffs from taking depositions – was taken under advisement by Judge Rebecca Phillips. A motion to alter, amend or vacate the court's May 2 order allowing the plaintiffs to take deposition on payment of one flood claim, as well as the relationship of all the entities at the Kentucky League of Cities, was dismissed.
Neither motion has an official order from the judge.
Kentucky League of Cities, Inc., and Kentucky League of Cities Insurance Services, Inc., and Kentucky League of Cities Insurance Agency, Inc., had filed a motion Jan. 16 to be dismissed as defendants in the case.
Phillips overruled that motion at that time to hold discovery in part, because of a single claim that was paid, while all others were denied.
Olive Hill business owner Donnie Lykins filed a claim for flood damage and received $159,800 while all of the other claims were denied, according to the complaint.
“There was some claim of liability by the city when the Lykins claim was paid,” Phillips said. “Maybe some of the facts made by that claim are relevant to the other claims.”
In last week's motion hour, the defendants argued that the plaintiffs had failed to properly arrange depositions with a number of individuals that are “affiliated” with the defendants.
According to a letter from the plaintiffs' attorney, Mike Fox, dated March 27, a total of 13 individuals were requested for deposition.
Those listed were Doug Goforth, chief insurance officer; Susan Barto, president of KLC and chair of KLC Insurance Services; John Steiner, KLC executive director; Dawn Harlow, chief financial officer; Bill Hamilton, former director of insurance services; Jim Johnston, president of Collins & Company; Sherman Cothran, regional manager of Collins & Company (who was deposed last Thursday and headed the investigation into the 2010 Olive Hill flood claims.) Ned Wertz, Collins & Company claims provider; Neil Hackworth, former KLC executive director, Donovan Blackburn, Pikeville city manager and KLC executive board member; Mike Miller, KLC board president; Temple Juett, chief operating officer and general counsel; and Sylvia Lovely, former KLC executive director.
Plaintiffs’ attorney Reid Glass said depositions from those listed would lead to a better understanding of how KLC, and their subsidiaries, operate.
Glass said he expects the defendants to produce documents that were requested in November 2012 by July 30.
In all, there are 17 claims of negligence for lack of maintenance, inappropriate actions pertaining to the creeks flooding, and bad faith and unfair settlement practices regarding the insurance claim
Leeann Akers can be reached at email@example.com or by phone at 474-5101.