Don't let them make a fool out of you! The question is how can anyone get hit from behind in a no fault of their own car accident?
Thus being injured and missing nearly 2 years of work and suffering from chronic whiplash syndrome and other injuries.
In spite of the driver whom hit them admitting negligence, liability, and accepting full responsibility for being the cause of the accident.
Only to have the Judge who oversees your personal injury trial render a judgment against the injured party "The guy who got hit from behind and injured", to pay the defendant's attorney's court cost and fees?
484134 B This is the court docket number if you would like to look things up it was a Civil Case and the worse experience of my life as far as dealing with someone who now advertises to be a professional in the legal arena.
The answer is hire Kirby D. Kelly and have him as your attorney.
Kirby D. Kelly located at 515 Spring St. Shreveport Louisiana. Yes the man with the hat! He still has his hat, but what is in the hat? Yes the same one who is advertising Kelly Country all over the television.
I placed my trust and confidence in Kirby D. Kelly. I assumed that my best interest would have been looked after and my case work diligently.instead this ordeal had cost me great financial loss and emotional trauma. The purpose of this complaint is to let everyone I can possibly tell, know of my personal experience while being represented by the Law Office of Kirby D. Kelly.
Why? Because I would find some kind of justice in telling my story and the factual facts about the way the Law Offices of Kirby D. Kelly handled my case and treated me as a client.
Everything stated by me is factual and documentation can be provided. I have placed a complaint with the Louisiana Bar Association and maybe they will act and prevent anything like this from happening to some other injured party.
You can draw your own conclusion from the documents or just the fact that anyone could be injured in a car accident being hit from behind and then be ordered to pay the negligent driver's attorney his court cost and expert witness fees.
I just would hate to see any of my friends or family members go through the same thing that myself and my family experienced.
I strongly recommend that you check out whatever attorney you may hire. Also, that you make sure that they are doing the job they are supposed to do. If you don't you could have the same outcome as what I ended up with, by allowing Kirby Kelly to handled my case, while he was juggling so many other cases, he could not possibly keep up with my needs and requirements as me as a client.
When Attorneys have to advertise on television to the point of making me nauseous and wanting to throw up every time I see them, it is time to let the truth the way I see it be known.
If I can spare just one person from going through the same thing I went through it will be worth the time it has taken to make this information available to the public.
In fact, the recent commercials of Kelly Country make me physically ill, knowing what the outcome of my placing my trust and confidence in the Kirby D. Kelly Law Firm.
If I had it to do all over again, I would not retain the services of Kirby D. Kelly at 515 Spring St. Shreveport La 71107 The Man with the Hat
Now if by chance you have had some similar dealings feel free to post them. Please keep all your comments factual and no derogatory statements. Everything that I have posted is factual to the best of my knowledge from my case file. What those documents will show is that everything I say can be substantiated, no matter how far out and unbelievable the statements may sound or read.
This could be me, or this could be you. This is exactly how I felt before, during and after my experience with Kirby D. Kelly. Never in my entire life, I would imagine that I would be awarded ZERO, and left owing over 30,000 dollars in medical bills, and having Judge Jeanette Garrett rendered a judgment in favor of the defense attorney Theodore Casten of Casten and Pearce of Shreveport Louisiana. I really have to hand it to this attorney, he won a case that should have by any other means been a hands down winner for any plaintiff.
However, I must add that when one enters a court room, they should never misrepresent the facts to the jurors or the judge in order to win their case. Nor should they purposefully make sure that the plaintiff's private medical record at LSU State Hospital is loaded with litigation documents, informing potential treating physicians that the patient they may considering treating is in litigation. Well congratulations to whom ever was responsible, I was referred 10 times to neuro surgery and denied 10 times, by neuro surgery.
I was really floored when I found out that Roger Charles Kelly the head of the neurology department told me face to face during a conversation at my new sales job, that he worked closely with Ted Casten on many different occasions. It was not clear to me how they worked so closely together, but I guess anyone could draw their own conclusions. I guess one could ponder what any involved defense attorney would be doing, with and one that over sees and sometimes approves the treatment of injured patients that some may be involved in pending litigation against the insurance companies and defendant who the defense attorney is representing so prudently.
Wow! Imagine that, I still to this day wonder who or what it may have been preventing myself an injured plaintiff from getting the treatment and the diagnoses that they needed, to heal and be compensated for their injuries. I may never really know exactly who is responsible and am not accusing anyone in particular. It is just the evidence that seems to point a finger in many different directions.
I would go to the doctor and get told that I would be set an appointment to find out exactly what was the cause of my chronic pain and continual neck sprains. I would go home in agony, and wait, and wait, only to have my appointment never be approved, only to be rejected by the physicians in charge. The one appointment that did sneak by, was personally cancelled by Roger Charles Kelly, according to what the Patients Relations RN told me in her office, the same day I found out that my private medical record had been tampered with, and altered and even a physician that I had never been treated by nor seen, had written a totally false, report, stating that I denied ever suffering a neck injury, nor having any neck pain? I could not believe it, Dr. Moonan was the one that wrote that down, and even had me being discharged from the hospital one week after, one of my many emergency room visits.
Now I know that some of this might sound totally delusional and unbelievable, but I could not write it here, if I did not have the evidence nor heard it straight from other people's statements that were involved in this matter. The sick truth is that if this happened to me, then it could happen to you. At least, I am thankful, for all the blessings that I and my family have been given, and that overall, I will eventually recover from this whole episode.
One thing that I remember about being on the witness stand is that, I told the truth, the whole truth. The one thing I did not count on is the defense attorney Ted Casten questioning me, with false scenarios and reading hospital records, totally incorrect, stating in open court in front of the jurors that years ago in 1995 that I had been taken to LSU Medical Center by ambulance for a non accident trauma related neck injury.
What the way the report actually read, was that in 1995, I presented myself at the LSU Medical Center Emergency Room, and was ambulatory and alert. I had my young children crank up the volume on my stereo headphones, causing me to jerk them off, and some how sprain my neck.
Nothing like getting hit from behind at 20 mph, and not having a sufficient head restraint, nor seeing it coming. Ted Casten did very well miss reading quite a few documents that were not even entered in as evidence, nor what he read was even contained in the document. I believe one might call this purgery? I am not a legal expert, so I can not say for sure if anyone in the court room did anything wrong or unethical. I am just stating my unqualified opinion as I see it and understand it. However, the court transcript will document very close if not exactly the same viewpoint, and story line.
Ted Casten even miss stated my income, in front of the jurors and even miss stated it in writing to the presiding Judge Jeanette Garrett. Ted Casten only over stated it by 32,000 dollars, but that made the difference for him to make me look like a bald face liar even though everything I said was the absolute truth. How, can one disagree with a defense attorney when he appears to be reading the facts from legitimate documents. I was floored that my representation, did not object or say anything during this misrepresentation of the actual facts. Ted Casten goes on to read from a drug company guide, and starts to rattle off the side affects of medication that I have been taking since 1994. He makes up such ridiculous symptoms, and thus blames all of my chronic pain, continual neck sprains, neurological sleep apnea, and obstructive sleep apnea, and anything else that happened after my April 2nd 2003 accident on my medication!
Then Ted Casten goes on to indicate that I had been diagnosed previously with a bunch of medical conditions 8 years before the accident even occurred and calls all my medical and health issues, pre existing. However, no where in any record entered in evidence was any such information, and Ted Casten seemed to again be painting a picture with the wrong colors and facts.
Keeping in mind, that he then tries that same bull crap on one of my expert witnesses Dr. Keith Kessler, and this notable expert in the field of psychiatry quickly tells Ted Casten, that as an experienced expert in his field, that he has never heard any such side affects associated with the type of medication that I had been taking and questioned what book Ted Casten had been reading from at that very moment. Ted Casten tried the same thing on Dr. Robert Zahn, a notable and experienced Chiropractic doctor. Dr. Zahn presented the facts quite well, and basically made Ted Casten eat his misstatements. However, by this time the jury had already been polluted by all the extra non entered evidence that Judge Jeanette Garrett allowed in the court room.
Again, the Law Office of Kirby Kelly sat there and did nothing, and the Judge just sat there and occasionally would scowl at me, or even chastened me on several occasions over my change of income not being reported during the proceedings of my trial. It was like I was the one being put on trial, and that I had in someway injured the defendant, when he slammed into me from behind.
I was really saddened when Rick Murov, got up on the stand, and openly stated that he had come to a complete stop, then his foot slipped off the brake, and he rolled into me, at 2 to 3 mph.By the pictures, of my van, which I still have, the steel bumper, was twisted and moved two to three inches, my driver's seat frame was bent. This guy was crying at the accident scene because of the horrible day, he was having because his business had burnt to the ground the week before, and he told me that he was looking down, and when he looked up, he did not have time to hit the brakes.
At least that is the way, I understood the English language, even though my adrenaline was really pumped up, from the whammy he put on me, I may have been imagining it all.in fact, Rick Murov, stated that he never had any conversation and told me any personal information. The police officer even noted that he hit me from behind, and Rick Murov even said, he hit me, on top of that, the twisted bumper was noted by the police officer on the police report.
I am not sure if Kirby D. Kelly even ever read the police report, by the way things went at my trial, I really don't think they read much or even prepared my case.in fact, in November I received a letter stating that some sort of mediation and settlement was to take place in December. Well shortly after that the elusive and mysterious Joel Murphy disappeared and I could not find him anywhere. If fact, Kirby D. Kelly Law Office, told me that he was still working on my case, and he was not even there. To top it off, I went through 5 different attorneys with the Kirby D. Kelly Law Firm in a 4 1/2 year period. I was led to believe that my case was being worked diligently when it was not even being worked on at all.
My repetive request for assistance made to Kirby D. Kelly to get past the red tape, and get the right diagnoses, as recommended by the law firms own in house physician Dr. Kamm, were just ignored. Dr. Kamm is a very reputable and knowledgeable physician, he knew that whiplash injuries are hard to diagnose and that nerve damage was a very likely issue that needed to be looked at further. That is exactly why he recommended a specialist. Dr. Kamm did the best that he could to help me, Kirby D. Kelly just did not seem to care, whether or not, I got the medical care I needed. I had health insurance at the time, but I was refused services at many local physicians because of being involved in litigation. It would have not cost Kirby D. Kelly a red nickel, I mean really Kirby D. Kelly I wish I knew what this guy was thinking during my case.in fact, Kirby D. Kelly ignored two different written request made to him by Dr. Kamm in regards to the recommended treatment and path to follow. Like I have said, before that I am not a legal expert so I can not really say what exactly if anything Kirby D. Kelly did wrong. It does not take a rocket scientist to figure out that the rocket ship was way off course. I really don't know how some people can live with their own negligible actions. Kirby D. Kelly surely knew he was not doing the job he promised me in writing that he would do. I can just imagine how many others if any of those other clients that suffered the same neglect and lack of attention as I did.
There is no way Kirby D. Kelly could handle all of the overload, that his disgruntled attorney staff left him with, when they parted company on May 5th. Kirby D. Kelly was bluffing Ted Casten and lost, big time, Ted Casten is a competent and intelligent man, he knew exactly that he did not have much prepared competition.
It only took Joel "Lone Ranger" Murphy six months to answer one question in an interrogatory from Ted Casten. Joel Murphy, would be red faced and exhausted every time I would see him once every 6 months. It should have been obvious that he was loaded with hundreds if not a thousand cases. I bet that 10 hours will billed to the insurance company, in the paper work that went back and forth, and back and forth. What a waste, of insurance funds, and if Kirby D. Kelly would have kept the scheduled mediation, there is no doubt that a settlement would have been reached. The driver whom hit, me I know come to find out was covered 1,000, 000 dollars across the board. A settlement would have been reached, it now appears that Kirby D. Kelly thought he possibly could bluff the defendant, insurance company and counsel and never have to go to trial.
Even after my trial almost every single attorney that has read, or heard this story, responds in disbelief and awe, that I could have ended up in such a terrible predicament and left holding a bag of medical bills and lingering after affects and no compensation, but adjudication in the end, after Kirby D. Kelly seemed to have really messed up my case. As I have said, before, I am not a licensed competent Attorney at Law, so I can only state my opinion. I can assure you that competent legal representation is out there somewhere. Maybe someday I will find it, but I will never again go through what I did at the mercy of Kirby D. Kelly. Kirby D. Kelly did his very best, and Insurance companies don't want to face Kirby D. Kelly. Why? Because he is the man with the hat, and he still has his hat! Kirby D. Kelly will get him a fair deal first and foremost, and remember he still has his hat, yes, it is his hat and you can't have it, hands off!
Well I found out, when originally I signed a Pauper's Avadavat at the request of Kirby D. Kelly on January 4th. Kirby D. Kelly continued to file for free on the court, even though at one time, I had tried to return to work and live a normal life. Kirby D. Kelly racked up about 1800 dollars in court fees. Well, Ted Casten being the true professional that he is, and with all the outstanding techniques, approaches the Judge weeks before my trial. Ted Casten informs the soon to be presiding Judge Jeanette Garrett, that the plaintiff Marshall Cosme, has perpetrated a fraud on the court, by not reporting his change of income and financial position.
The fact was, I did report it, to the do nothing drag my case out, pay not enough attention attorney Kirby D. Kelly, but he did not bother to report it to the court. So on March 2nd, Judge Jeanette Garrett orders, me " The currently unemployed injured plaintiff" to pay a $512 dollar court fee? I had not been working since I was terminated for not being able to work a full schedule on October 13th. So I had been out of work for 6 months, and I was not considered in Pauper Status? Well this action was evidence that the Judge's impartiality had been seriously infected by Ted Casten, Judge Jeanette Garrett should have immediately reccused herself from overseeing my trial.
Instead the Judge, denies, a continuance, even though, Kirby D. Kelly, had not even finished the discovery part of my case, with less than 7 days to go until trial. Even though, my new attorney had only actually worked on my case for 2 weeks previously, the attorney before that Joel Murphy walked out in November and I did not here or receive notice until February with my trial scheduled for March 19th. No one in the entire Kirby D. Kelly law office, made any effort to contact me nor returned my phone calls. Kirby D. Kelly and even Dean Lucious another very hard working but overloaded with too many case files, took a break, missed a very important deposition and went to Mardi Gras February 20th, the sent a new fresh graduate to sit in on the deposition, Sean Landry, who actually did a pretty good job. However, Sean Landry, had no idea, about the details of my case, as did Kirby D. Kelly. Keeping in mind I signed up with Kirby D. Kelly in December.
Kirby D. Kelly only had 4 short years to handle my case, instead most of the time my case sat in a card board box, as many other cases did, of other non expected victims of the Kirby D. Kelly Law Firm. And remember, on May 5th almost the entire attorney staff, decided to leave the employment of the Kirby D. Kelly Law Firm. That is when Kirby D. Kelly sent me a letter stating that he personally would be seeing to my case. I had no idea, that Kirby D. Kelly and associate, would be handling hundreds, if not a thousand cases!
Who was Kirby D. Kelly kidding, he was and did place me and my family in a very bad economical and financial situation. Kirby D. Kelly was left holding the bag, on all of these cases and unknowing clients. All because according to his expartner Charles Phillips Jr. And Garrett Laborde, the attorney staff, was not given the proper tools and funds, to properly represent many of the firms clients. Kirby D. Kelly, policy was to sign up as many clients as possible and then worry about whether or not the case load could be handled, according to his ex attorney staff.
Then, Kirby D. Kelly as any good business man would, made sure that his expenditures, were kept low. Of course, keep your cost low and sign a bunch of clients, and somehow you will make more money. Also, cited and mentioned by many of Kirby D. Kelly's ex attorney staff, was one very important point. That point was that they all were very concerned that their own livelihood and legal license could be revoked if they continued to go along with some of the practices, they felt were unethical and not to par of the professional conduct and ethics guidelines.
Of course, that was their own opinion, but who else would know the law better than a well studied lawyer? That is why Lawyers, in general, know what and how far they can go, and get away with it. The fact is the general public are intimidated by lawyers. They can't afford the best counsel and therefore sometimes have to settle for state appointed indigent defenders, or other free legal aide. After, the damage is done, many just like myself, being injured and out of work, don't have the funds, to take action against the attorney who did them wrong.
I contacted attorney after attorney and was told, that my case was definitely one that complete incompetence had been committed. Also, possible malpractice, and who knows what else was done, against the professional code of conduct and ethics. Not just Kirby D. Kelly, Ted Casten, and Judge Jeanette Garrett, had made some very questionable rulings, and statements, both verbally and in writing. This was the opinion of other professionals that reviewed my case file. That was their biggest mistake, was putting it in writing and having documents in their possession, that totally contradicted both their written and oral statements.
To this day, I have not have the judgment rendered against me by Judge Jeanette Garrett, and awarded to Ted Casten collected on. However, Judge Jeanette Garrett, stripped me of my Pauper's Status, thus leaving me, without any means, to appeal. The Law office of Kirby D. Kelly ran the other way, and even stuck me with the medical bills of the house physician that they ignored the repeated recommendations about getting me into a specialist, or neurologist. So here I type, the story, to let other people know that when you get signed with an attorney that is so overloaded, and the defense counsel of the defendant who hit you, knows it, You as the plaintiff are going to get royally screwed!
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