Sturgill Turner

Phillip M. Moloney

Phillip M. Moloney

 

Phillip M. Moloney

ATTORNEY

859.255.8581

Phil’s multi-faceted legal practice includes advising clients in the acquisition and disposition of real estate; providing estate planning, will drafting and estate administration services; and counseling clients on business matters, contract formation and disputes. He also served as a city attorney for a mid-sized Kentucky city, and possesses a thorough knowledge of public entity law, open records and meetings law, procurement law, and easement and zoning issues.

Phil’s practice also features trial work, including construction and real estate litigation involving construction defects, differing site conditions, allegations of fraudulent and negligent representation asserted against contractors, subcontractors and realtors, and payment and performance bond issues.

Areas of Practice

  • Waldridge v. Homeservices of Kentucky, Inc., 384 S.W.3d 165 (Ky.App. 2011) involved representation of homeowners against a seller’s real estate agent and firm, and recognition by the court on appeal that an agent owes a buyer the duty to not commit fraud by either misrepresenting a material fact or by failing to disclose a material fact of which they have actual knowledge and of which the buyer is unaware.

    Georgetown Municipal Water & Sewer Service v. Bur-Wal, Inc., 242 S.W.3d 661 (Ky.App. 2001) involved representation of the municipal water and sewer service and holding by the court that neither a municipal water service nor the city are required to reimburse developers for their costs involved in installing water and sewer lines and finding that KRS 96.359 was inapplicable to the developer’s claim.

    Real Estate Marketing v. Franz, 885 S.W.2d 921 (Ky. 1994) resulted in a finding in favor of the client Franz by adopting and recognizing that an implied warranty of habitability claim exists regarding major structural features and acknowledging that a private independent cause of action exists for violating the uniform state building code.

    Leitsch v. Leitsch, 839 S.W.2d 287 (Ky.App. 1992) held that failure to award in favor of him (a disabled husband) sufficient maintenance from the wife to meet his needs by requiring that he depend on the generosity of family and friends to adequately support him was an abuse of discretion by the trial court.

  • Best Lawyers in America® Personal Injury Litigation - Defendants Lexington Lawyer of the Year (2018)

    Kentucky SuperLawyers Business/Corporate, Personal Injury Plaintiff, Construction

    AV Preeminent® Peer Review Rated Martindale-Hubbell®)

  • Fayette County Bar Association

    Kentucky Bar Association

    American Bar Association: Litigation, Real Property, and Trusts & Estates Section

    American Association for Justice

    Kentucky Justice Association

    Kentucky Bar Foundation Board of Directors (2004-2012), past President, Life Fellow

  • University of Kentucky, J.D.

    University of Kentucky, B.S.

  • In addition to his business practice, Phil works with several organizations to support and improve his community at large. He served as president of Lexington Directions, comprised of Lexington civic leaders and residents who work with public agencies, other service organizations or independently to study ongoing and new civic efforts in the Lexington area. He has also served as president of the Rotary Club of Lexington and on the Board of the Lexington Historical Museum.