Legal Analysis
Workers’ Compensation Liability & COVID-19: A Comparative Law Review
September 24, 2020
Jeremy Nelson has a broad range of litigation and appellate experience, including pre-litigation investigation, initial discovery, electronic discovery, lay and expert depositions, trial preparation, witness preparation, exhibit preparation and motion practice. He has tried long-term care, medical malpractice and general liability cases to verdict and presented oral arguments before the Kentucky Supreme Court. Jeremy has represented clients in a variety of industries, including health care, insurance, hospitality, education and retail. His previous associations with a regional defense firm and a boutique plaintiffs' firm have given him familiarity with clients ranging from international corporations to private individuals.
Specific to the long-term care context, Jeremy understands the nuances related to corporate malfeasance, inadequate staffing, nurse and physician malpractice, state and federal residents rights violations, and a range of injuries from pressure ulcers to wrongful death. In medical malpractice cases, Jeremy has handled issues of hospital negligence and vicarious liability, nursing malpractice, and physician malpractice. Jeremy also has experience with negligence, negligent entrustment, negligent hiring, dram shop law, underinsured motorist coverage, bad faith, breach of contract, age discrimination and premises liability cases.
Jeremy J. Nelson (Of Counsel-Louisville, KY) and Cyrus G. Dutton IV (Associate-Louisville, KY) obtained dismissal on behalf of a client in a case in which the plaintiff, an employee of a food product distribution company, fell while offloading product into the client’s restaurant. Jeremy and Cyrus moved for summary judgment under Kentucky’s Workers’ Compensation Act, arguing that the client was entitled to up-the-ladder immunity under the Act. Specifically, they argued that the delivery of food inventory to the client’s restaurant was a regular and recurrent part of the client’s business. The U.S. District Court for the Eastern District of Kentucky granted the motion, dismissing the case with prejudice, and opposing counsel did not appeal.
Jeremy J. Nelson