Teresa Spicer v. James Nathan (Rebel) Combs: Melissa Richardson and Adam Hutchinson obtained a dismissal for their Client, a widower, in a suit for intentional infliction of emotional distress brought by his former mother-in-law. The facts of the case involved a motor vehicle accident, in which the Client was the driver, resulting in the tragic death of his beloved wife. The client was subsequently charged and pled guilty to a DUI First Offense. The Client’s former mother-in-law brought suit claiming the Client owed her a full account of the facts of the accident and alleging his post-accident conduct had caused her severe emotional distress. The case was initially dismissed in 2021. However, that dismissal was overturned by the Kentucky Supreme Court in December 2024. It was sent back to Breathitt Circuit Court so additional discovery could be accomplished. At this point Melissa and Adam became the lead attorneys and quickly conducted extensive discovery, including deposing multiple witnesses, a close examination of the Plaintiff’s social media history and medical records, and retaining an expert clinical neuropsychologist to examine Plaintiff.
Following briefing of a dismissal request, the Court held a conference on the eve of trial to hear additional arguments concerning whether the alleged actions of the client were sufficiently “outrageous” to support a claim for intentional infliction of emotional distress, whether the client had a constitutional right to “remain silent” on the facts of the accident since he had been under investigation following it, and whether the Plaintiff’s identified expert witnesses were qualified to provide the necessary scientific or medical proof of the severity of her alleged emotional distress. Ultimately, the Court ruled in favor of their client and dismissed this matter. Plaintiff’s appeal efforts are pending.