PROSPECT, Ky.— Goldberg Simpson Partner Aaron Silletto prevailed in two cases before the Kentucky Court of Appeals in the month of September.  Both cases affirmed Jefferson Circuit Court summary judgments.

In Walling v. Safeco Ins. Co. of Ill. the insured requested the insurance carrier to provide “no fault” benefits for injuries arising out of a motorcycle accident, and asked the Court of Appeals to declare that “public policy” requires “no fault” benefits be provided to operators of motorcycles. Silletto argued the statute at issue expressly exempts motorcycles from the mandatory “no fault” benefits law, and the insurance policy expressly excluded such coverage. The Court of Appeals agreed, and held that the statute does not require an insurer to provide “no fault” benefits to the operators of motorcycles.

In the second case, Robinson v. Blue Velvet Exchange, LLC, Silletto successfully defended an estate sale company, Blue Velvet Exchange, LLC, against a claim made by the plaintiff relating to injuries she received when she tripped and fell down a concrete step outside a home where an estate sale was being conducted.  The Court of Appeals affirmed the circuit court summary judgment on the ground that the Plaintiff could not identify what caused her fall, so it would be “merely an exercise in speculation” for Blue Velvet to be held responsible for it.  The court also agreed that the step at issue was not “unreasonably dangerous.”

Aaron J. Silletto is a Partner with Goldberg Simpson. His practice primarily includes insurance and tort defense, insurance coverage and bad faith, criminal defense, Second Amendment and firearms law, and general civil litigation.