Kentucky Appeals Court Reversed $22 Million Judgment
The ruling followed a 2012 fatal retaining wall collapse that killed one worker and injured three others.
Updated on Sept. 20, 2026 in Accidents
The Kentucky Court of Appeals reversed a $22 million judgment against Scotty's Contracting and Stone in August 2026. A three-judge panel determined the Barren Circuit Court trial violated the due process rights of the company.
Why it matters
The appellate ruling found that the trial court improperly excluded the defense from proceedings and that there was insufficient evidence to support the original liability claims. This decision challenges the legal basis for the damages awarded following the 2012 incident on Kentucky Route 90.
A three-judge panel issued a 48-page ruling that nullified the $22 million judgment. The court recommended that all claims in the lawsuit be dismissed.
The players
Kentucky Court of Appeals
This is the intermediate appellate court for the state of Kentucky that reviews decisions from lower circuit courts.
Scotty's Contracting and Stone
This is a Bowling Green-based construction company that was the subject of the reversed $22 million judgment.
Kenneth Decker
The 63-year-old construction worker died when a retaining wall collapsed during a road widening project in 2012.
The details
The original incident occurred on October 8, 2012, when a retaining wall collapsed during road work, killing 63-year-old Kenneth Decker. The appeals court noted the trial court conducted a bench trial without any attorneys representing Scotty's or VanMeter, which it deemed a fundamental violation of due process.
Timeline
October 8, 2012: The retaining wall collapsed during road construction on Kentucky Route 90.
2023: The Barren Circuit Court conducted a bench trial regarding the collapse.
August 2026: The Kentucky Court of Appeals panel found trial irregularities and reversed the judgment.
Legal Context
This case illustrates a strict judicial adherence to the Kentucky Rules of Civil Procedure regarding due process and right to counsel, ensuring that defendants retain the right to participate in trial proceedings. The ruling marks a significant correction of trial court irregularities that occurred during the 2023 proceedings.
The reversal clarifies the legal standards for construction liability and due process within the state court system. Residents and local businesses should note that this ruling potentially limits the scope of legal claims related to the 2012 infrastructure project.
The takeaway
This case highlights the judiciary's requirement for procedural fairness even in long-standing litigation. Proper defense participation remains a cornerstone of the legal process, regardless of the severity of the underlying incident.
What happens next
Attorneys for the injured workers have the option to petition the Kentucky Supreme Court to review the appeals court ruling.
Further reading
For more information on legal proceedings and safety outcomes in the region, visit the Kentucky Accidents section.
