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Burke Neal PLLC

About Us

Burke Neal PLLC is a strategic counseling and appellate litigation firm. Unlike many specialized appellate or legal research groups, the attorneys at Burke Neal PLLC also have over thirty years combined trial and litigation experience in state and federal courts. We understand the unique pressures and obstacles trial attorneys face. And we are privileged to work beside Kentucky trial counsel to develop, respond to, and preserve key arguments in civil and criminal cases at all stages: case intake, pre-litigation, pre-trial, trial, and appeal.

As appellate litigators, our body of work includes hundreds of state and federal appeals resulting in numerous precedent-setting opinions. We are especially honored to regularly brief and argue cases before the Kentucky Court of Appeals and Kentucky Supreme Court, where our attorneys have been counsel of record for parties and amici curiae (“friends of the court”) in important cases involving victim’s rights, personal injury, wrongful death, insurance, consumer rights, general civil litigation, and criminal law. Recent representative cases include:

Coleman v. Bee Line Courier Service, Inc., 284 S.W.3d 123 (Ky. 2009)
Favorable reversal. Automobile accident victims’ no-fault benefits held not subject to indemnity claims.

Commonwealth ex rel. Conway v. Reinhold, 325 S.W.3d 272 (Ky. 2010)
Favorable reversal. “Medi-Share” form of insurance held subject to state insurance and consumer protection rules.

Dick’s Sporting Goods, Inc. v. Webb, 413 S.W.3d 891 (Ky. 2013)
Favorable opinion affirming and applying new premises liability standard. Premises liability claims must be decided by a jury rather than a judge.

Dixon v. Daymar Colleges Group, LLC, 483 S.W. 3d 332 (Ky. 2015)
Favorable reversal. Forced arbitration clause held unenforceable; student/consumer class action allowed to proceed.

Dowell v. Safe Auto Insurance Co., 208 S.W.3d 872 (Ky. 2007)
Favorable reversal. Uninsured motorist insurance policy provision interpreted favorably for policyholders.

Giddings & Lewis v. Industrial Risk Insurers, 348 S.W.3d 729 (Ky. 2011)
Favorable reversal. Economic loss rule recognized and applied to commercial purchasers of products.

Harper v. University of Louisville, 559 S.W.3d 796 (Ky. 2018)
Favorable reversal. Plaintiff submitted ample evidence at trial to support the jury's verdict that University fired plaintiff in retaliation for her whistleblowing activities.

Indiana Insurance Co. v. Demetre, 527 S.W.3d 12 (Ky. 2017)
Favorable opinion for plaintiffs affirming $3,425,000 jury verdict in insurance bad faith case; also holding that expert testimony is not required to support emotional distress damages in bad faith suit.

Lynch v. Claims Management Corp., 306 S.W.3d 93 (Ky. App. 2010)
Favorable reversal for accident victim in insurance subrogation case; disability insurer prohibited from recovering underinsured motorist proceeds.

Martin v. Ohio County Hospital Corp., 295 S.W.3d 104 (Ky. 2009)
Favorable reversal. Departing from more than a century of case law, spouses have the right to recover for the loss of love and affection due to a marital partner’s wrongful death.

Mattingly v. Mitchell, 425 S.W.3d 85 (Ky. App. 2013)
Favorable opinion for plaintiffs in wrongful death case; police have no state–law immunity for negligent/reckless police chases.

McCann v. Sullivan University System, 528 S.W.3d 331 (Ky. 2017)
Favorable reversal for plaintiffs, holding that Kentucky's wage and hour statute does not prohibit class actions.

Mitchell v. Allstate Insurance Co., 244 S.W.3d 59 (Ky. 2008)
Favorable reversal. Departing from decades of case law, broad-form “permissive use” applies to motor vehicle liability insurance coverage.

MV Transportation, Inc. v. Allgeier, 433 S.W.3d 324 (Ky. 2014)
An issue of first impression, a stipulation of vicarious liability does not warrant dismissal of plaintiff’s direct negligence claims. Favorably affirming $4,100,000 compensatory damages verdict.

Nichols v. Zurich American Insurance Co., 423 S.W.3d 698 (Ky. 2014)
Favorable reversal. An issue of first impression, alleged mutual mistake does invalidate personal injury plaintiff’s underinsured motorist coverage.

Ping v. Beverly Enterprises, Inc., 376 S.W.3d 581 (Ky. 2012)
Favorable reversal. An issue of first impression, wrongful death claims/beneficiaries are not subject to forced arbitration clauses.

Savage v. Three Rivers Medical Center, 390 S.W.3d 104 (Ky. 2012)
Favorable reversal. Reinstating $2,500,000 jury verdict in favor personal injury plaintiff after Court of Appeals set aside verdict.

Shelton v. Kentucky Easter Seals Society, Inc., 413 S.W.3d 901 (Ky. 2013)
Favorable reversal. Departing from decades of case law, the “open and obvious” doctrine is not an absolute defense in property defect cases.

Ten Broeck DuPont, Inc. v. Brooks, 283 S.W.3d 705 (Ky. 2009)
Recognizing negligent hiring and negligent retention causes of action as well as pattern jury instruction.

Wright v. House of Imports, Inc., 381 S.W.3d 209 (Ky. 2012)
Favorable reversal. Reinstating $120,863.67 jury verdict for personal injury plaintiff after Court of Appeals set aside verdict.

Yung v. Grant Thornton, LLP, 563 S.W.3d 22 (Ky. 2018)
Favorable opinion reinstating full punitive damage award of $80 million and holding that reduction ordered by Court of Appeals was not warranted even though the compensatory damage award of $20 million was also substantial.

In addition to our work at the trial-level and on appeal, we often help individuals and businesses understand what to expect—and avoid—at the start of their legal journey. Our attorneys have seen the legal process from start to finish, and from many different perspectives. We have extensive experience in areas where individuals need credible guidance: personal injury, wrongful death, negligence, insurance claims and coverage. Our attorneys are available for initial consultation, and, if appropriate, we can recommend trial or litigation counsel experienced in specific subject areas.

For more information, contact us.