Our Attorneys

Benjamin Lee Kessinger, III

Area of Practice

Lee practices in the area of trial and litigation. His experience includes trial and appellate representation in state and federal courts with a concentration on cases involving complex personal injury litigation and business litigation. Lee has represented companies and individuals in litigation involving complex business litigation, transportation (motor carrier, air and rail) litigation, claims and accidents, wrongful death actions; commercial/business transactions; product liability litigation; contractual negotiations; municipality litigation; personal injury defense; insurance coverage disputes; misrepresentation and fraud claims; unfair competition; misappropriation of trade secrets; consumer protection and deceptive trade practices; Carmack Amendment claims; financial and creditor litigation; and defense of claims involving alleged sexual harassment and employment activities. He is also a Certified Arbitrator with the American Arbitration Association.

Representative Experience

Represented families on wrongful death claims and persons seriously injured in accidents involving catastrophic vehicular and aviation accidents.
Represented large national food franchisers in federal and state courts in multiple cases regarding claims for breach of contract by franchisees; termination of franchises; and defense of claims for personal injuries and vehicle liability.
Represented publicly held transportation companies and smaller companies for claims involving catastrophic damages, property damage, wrongful deaths and injuries involving defense of motor carriers, rail carriers and air carriers.
Member of Plaintiffs' Steering Committee for In Re: Air Crash at Lexington, Kentucky, August 27, 2006 involving Comair Crash Flight 5191, representing several families.
Negotiated and prepared legal contracts utilized by over 1,800 transportation providers (common carrier, rail, and air) and 33 Fortune 1000 companies that represented approximately $1.4 billion of purchased transportation services between the transportation providers and the companies pertaining to the movement of cargo.
Representation of companies and individuals in licensing, marketing, and employment contracts.
Represented national and international company involving federal claims of violation of anti-trust law and unfair competition.
Represented law enforcement entities in multiple federal court cases for alleged violation of constitutional protections, claims of police brutality and unlawful imprisonment.
Represented numerous financial institutions on claims against debtors for fraud and breach of contract regarding financial loans and guarantees.
Represented and provided numerous business entities with risk management assessment and advice in order to reduce claims and lawsuits.
Represented medical care providers and physicians in cases involving wrongful death and personal injuries.
Representation of private organizations for claims involving the consumer protection act, unfair and deceptive trade practices.
Acted as General Counsel and Board Member for a privately held start-up Internet transportation service provider until acquisition by a publicly traded company.
Original holder and inventor of 2 patents pending that were purchased by a publicly traded company involving complex business transactions over the Internet for transportation providers involving air and ground transportation contracts.
Certified Arbitrator with the American Arbitration Association serving on multiple cases involving business transactions and breach of contract claims.

Professional Background

Member, International Association of Defense Counsel
Member, Transportation Lawyers Association
Member, Association of Transportation Law, Logistics and Policy
Chair, Kentucky Bar Association Annual Convention (2001)
Certified Arbitrator, American Arbitration Association
Member, Kentucky Motor Transport Association
Editorial Board Member for World Trade Magazine (2002)
Chair, Finance Committee of Crestwood Christian Church (2004-2005) and current member of Finance Committee
Deacon, Crestwood Christian Church (for 2007-2008)
Fayette County Pro Bono Program (Board Member, 1998-2004)
Member, Fayette County and Kentucky Bar Associations
Admitted to bar, 1989, Kentucky; U.S. District Court, Eastern and Western Districts of Kentucky and U.S. Court of Appeals, Sixth Circuit
Numerous speaking engagements to groups, including business and commercial associations

Education

Preparatory education: Auburn University (B.A., 1986)
Legal education, University of Kentucky (J.D., 1989). Staff Member, Journal of Law and Mineral Policy