Benjamin Lee Kessinger, III

Lee’s experience includes litigation, trial and appellate representation in state and federal courts with a concentration on cases involving complex personal injury and business litigation. He has represented companies and individuals in litigation involving complex personal injuries and wrongful deaths; business litigation; transportation (motor carrier, air and rail) litigation, claims and accidents; commercial/business transactions; product liability litigation; contractual negotiations; municipality litigation; personal injury defense; insurance coverage disputes; misrepresentation and fraud claims; unfair competition; misappropriation of trade secrets; consumer protection and deceptive trade practices; financial and creditor litigation; and claims involving alleged sexual harassment and employment activities. He is also a Certified Arbitrator with the American Arbitration Association. Lee has an AV® Preeminent™ Peer Review Rating by Martindale-Hubbell®

Representative Experience

• Represented multiple families on wrongful death claims and individuals seriously injured in catastrophic accidents.

• First jury trial in Kentucky to award loss of consortium damages to a surviving spouse in the amount of $750,000.

• In March of 2010, obtained a Fayette County jury verdict of $2,482,191 in wrongful death case arising from medical malpractice.

• Successful federal jury verdict as lead attorney in three week trial and appeal to the Sixth Circuit Court of Appeals in Adam v. J.B. Hunt Transport, Inc., 13 F.3d 219 (6th Cir. 1997) for a motor carrier involving multiple deaths and injuries arising from a vehicle pile-up on Interstate 75.

• Represented multiple families arising from 2006 Comair air crash disaster in connection with wrongful death claims filed in federal court.

• Member of Plaintiffs' Steering Committee for In Re: Air Crash at Lexington, Kentucky, August 27, 2006 involving Comair Crash Flight 5191, representing several families.

• Represented physician/board members in Kentucky Supreme Court case on business judgment statute and alleged breach of fiduciary duties in Baptist Physicians Lexington, Inc. v. New Lexington, Clinic, P.S.C., 436 S.W.3d 189 (Ky. 2014).

• Represented publicly held transportation companies and smaller companies for claims involving catastrophic damages, property damage, wrongful deaths and injuries involving defense of motor carriers, rail carriers and air carriers.

• Represented individuals and business entities in drafting, enforcing, and disputing employment non-compete agreements, as well as handling related matters for injunctive relief.

• Represented medical care providers and physicians in cases involving wrongful death and personal injuries.

• Represented large national food franchisers in federal and state courts in multiple cases regarding claims for breach of contract by franchisees; termination of franchises; and defense of claims for personal injuries and vehicle liability.

• Negotiated and prepared legal documents utilized by over 1,800 transportation providers (common carrier, rail and air) and 33 Fortune 1000 companies, involving over $1.4 billion in transportation contracts.

• Represented law enforcement entities in multiple federal court cases for alleged violation of constitutional protections, claims of police brutality and unlawful imprisonment.

• Certified Arbitrator with the American Arbitration Association serving as Arbitrator on multiple cases involving business transactions and breach of contract claims.

Recently reported cases:

Baptist Physicians Lexington, Inc. v. New Lexington, Clinic, P.S.C., 436 S.W.3d 189 (Ky. 2014); Deaton v. Connecticut General Life Ins. Co., 17 S.W.3d 896 (Ky.App. 2000); Adam v. J.B. Hunt Transport, Inc., 13 F.3d 219 (6th Cir. 1997); Fifth Third Bank v. Waxman, 726 F.Supp.2d 742 (E.D.Ky. 2010); In re Air Crash at Lexington, Kentucky, August 27, 2007, 486 F.Supp.2d 640 (E.D.Ky. 2007)

Professional Background

• Chair, Kentucky Bar Association Annual Convention (2001)

• Member, International Association of Defense Counsel

• Member, Transportation Lawyers Association

• Member, Kentucky Justice Association

• Appointed by Gov. Steve Beshear to Colon Cancer Screening Advisory Committee (2010-2018)

• Editorial Board Member for World Trade Magazine (2002)

• Arbitrator, American Arbitration Association

• Fellow, University of Kentucky

• Chair, Finance Committee of Crestwood Christian Church (2004-2005)

• Deacon, Crestwood Christian Church (for 2007-2009; to serve 2011-2013)

• Trustee, Crestwood Christian Church (for 2009-2011)

• Fayette County Pro Bono Program (Board Member, 1998-2004)

• Member, Fayette County and Kentucky Bar Associations