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Jamie W. Dittert

Member

jdittert@sturgillturner.com | 859.255.8581

 
 
 

Jamie is a litigator with a wide range of experience in defending personal injury claims, including motor vehicle accidents and premises liability matters and medical negligence defense. This work has taken her across the Commonwealth, litigating in state and federal courts in central, northern, and eastern Kentucky. Jamie has successfully obtained summary judgment or dismissal in favor of her clients based on a variety of issues. She is also familiar with insurance coverage and extra-contractual liability issues. Her work in health care law focuses on long-term care litigation and medical malpractice defense, as well as drafting and reviewing HIPAA policies.

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Areas of Practice

 
 
 
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Representative Experience

Tipton v. Moore, Clark District Court, No. 08-C-176 (2010): Obtained unanimous defense verdict in a trial for damages arising out of a three-care motor vehicle accident.

Estepp v. Peters, No. 2012-CA-943 (Ky. App.) (opinion citation: 2014 WL 2640607, Ky. App. June 13, 2014): Obtained summary judgment at trial court level based on the statute of limitations and application of Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999) for estate of driver killed in automobile accident. Obtained dismissal at appellate level for the opposing party’s failure to timely appeal a final and appealable order.

Neal v. Donelson, et al., 2013-CA-1370 (2013): Obtained summary judgment as to liability for an eye injury resulting from a firework on property owned by our client. Plaintiff’s appeal was dismissed for failure to prosecute.

Castle v. Dollar General, Floyd Circuit Court, No. 10-CI-1101 (2013): Plaintiff alleged slip and fall at store. Successfully obtained dismissal due to statute of limitations.

Curry v. Taylor, et al., Jefferson Circuit Court, No. 12-CI-02899 (2013): Plaintiff alleged a dog bite to a minor. Successfully obtained a dismissal for lack of prosecution.

Higgs v. Easterling, et al., No. 3:11CV-P499 (W.D. Ky. 2013): Plaintiff, acting pro se, was a prison inmate who alleged federal and state law claims in connection with Hepatitis C treatment. We obtained summary judgment in favor of our physician client.

Hawks v. Does, No. 3:10CV-169 (W.D. Ky. 2013): Plaintiff was a represented prison inmate who alleged federal and state law claims in connection with Hepatitis C treatment while incarcerated. We obtained summary judgment in favor of our physician client.

Moses v. Baker, 798 F. Supp.2d 863 (E.D. Ky. 2011): Represented an insurer on an underinsured motorist coverage issue in an Ohio policy and won summary judgment on two independent bases. The court agreed with our arguments that an “other owned vehicle” exclusion precluded coverage and that the plaintiff failed to show that the decedent was a “resident relative” entitled to coverage under the policy.

Hicks v. Linville, No. 09-385-JBC (E.D. Ky. Sept. 20, 2011): Represented an insurer on an underinsured motorist coverage issue in an Ohio policy, and obtained the plaintiff’s agreement that Ohio law applied to the policy and required a set-off, which greatly reduced the exposure. Additionally, we obtained a ruling from the federal court that the plaintiff was not entitled to medical payments benefits because those damages were not sought in the complaint.

Coach v. First Time, Inc., Hardin Circuit Court, 08-CI-29 (2012): Obtained summary judgment, finding that the policies of our insurer and another insurer applied pro rata.

James v. Great American Insurance Group, Inc., Johnson Circuit Court, Case No. 07-CI-0351 (2010): Successfully obtained summary judgment in favor of insurance company client finding no coverage for the plaintiff’s alleged claims against the putative insured due to an earth movement exclusion.

Wrote successful brief to the U.S. Sixth Circuit Court of Appeals defending dismissal of prisoner medical care litigation.

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Accolades

Kentucky Super Lawyers® “Rising Star” (2014, 2015, 2016, 2017)

Leadership Lexington (Class of 2014)

United Way of the Bluegrass, Get on Board (2012)

Publications

Revisiting Federal Physician Compensation Restrictions, M.D. Update (November 218)

Kentucky Declines to Adopt Negligent Credentialing, M.D. Update, Issue 112 (January 2018)

The Real Impact of Hollaway v. Direct General Ins. Co., Fayette County Bar Association Bar News (2017, Issue 1)

Eighth Amendment Claims, M.D. Update (December 2016)

Defending Eighth Amendment Claims Against Medical Providers, DRI’s In-House Quarterly (Summer 2016)

Litigating the Declaratory Judgment Action, DRI’s In-House Quarterly (Fall 2015)

Ex Parte Communications: What Medical Providers Should Know About Caldwell v. Chauvin, M.D. Update (September 2015)

Recent Changes to the Role of Physician Assistants, M.D. Update (January 2015)

How to Handle a Subpoena Duces Tecum, M.D. Update (December 2012)

Navigating the Unspoken Rules of Fed. R. Civ. Pro. 25(a), DRI - The Voice of the Defense Bar (March 2013)

Co-Authored: A Defense Perspective on Loss of Consortium Claims, Kentucky Justice Association: The Advocate (May/June 2010)

International Pollution: Can We Really Just Blame Canada? 21 J. Nat. Resources & Envtl. L. 159 (2006-2007).

 
 
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Professional Affiliations

Kentucky Defense Counsel: Young Lawyers Section Committee

Defense Research Institute: 2020 Health Care Law Seminar Trial Tactics Planning Committee Chair

Central Kentucky American Inn of Court

Fayette County Bar Association

Kentucky Bar Association

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Community Involvement

American Red Cross Bluegrass Chapter: Board of Directors, Secretary (2018-2019)

Get on Board Advisory Committee

Cardinal Hill Rehabilitation Hospital Junior Board (2012-2014)

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Seminars

Decoding HIPAA: What Every Health Care Lawyer Should Know, presentation at the DRI Medical Liability & Healthcare Law Seminar (2019)

Personal Auto: Who is an Insured and for What, presentation at the DRI Insurance Coverage & Claims Institute (2019)

Presented for National Business Institute CLE "Uninsured and Underinsured Motorist Law - Made Simple" on several topics: Kentucky UM/UIM Insurance Law Fundamentals; Clarifying UM/UIM Coverage - Carrier Obligations Made Simple; and Is the Motorist Underinsured? Easy Ways to Calculate Limits and Damages (June 2018)

Presented for National Business Institute's "Insurance Bad Faith 'Set-Up' in Kentucky" CLE on several topics: Recognize an Unreasonable Third-Party Demand; How to Respond to a Potential Bad Faith Set-Up; Defenses in a Bad Faith Suit; and Ethics (February 2018)

To Post or Not To Post: Rules for Social Media and Your Future, presentation for Junior Achievement of the Bluegrass “JA Miss Business” (February 2018)

Myth or Fact? ALI Restatement of the Law Liability Insurance Edition, Kentucky Defense Counsel Fall Seminar (November 2017)

Cybersecurity: What Business Leaders Need to Know, presented on the topic of HIPAA and other healthcare regulations (August 2016)

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Education

Transylvania University, B.S. (2005)

  • Cum Laude

University of Kentucky, J.D. (2008)

  • Journal of Natural Resources & Environmental Law

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