04/5 MEDI COMMONWEALTH OF KENTUCKY KENTON CIRCUIT COURT DIVISION IV CASE NO. 19-C1-01631 Electronically Filed KEVIN BERLING PLAINTIFF vs. GRAVITY DIAGNOSTICS, LLC DEFENDANT TRIAL ORDER AND JUDGMENT This case was heard at trial before a jury beginning on March 30, 2022 and concluded on March 31,2022. The Court was duly convened and the parties were present. Plaintiff Kevin Berling ‘was represented by Anthony Bucher. Defendant was represented by Katherine Kennedy and Bradley Fyffe, The parties announced they were ready to proceed and following a roll call of the jury 21 jurors were called for the purposes of voir dire examination which was conducted by Anthony Bucher, on behalf of Plaintiff, and Katherine Kennedy, on behalf of Defendant. Following preemptory challenges, a panel of 13 jurors was qualified and sworn to sit as the jury in this matter. Opening statements followed with Anthony Bucher making opening statements on behalf of Plaintiff and Katherine Kennedy making opening statements on behalf of Defendant. Thereafter, Plaintiff began introducing evidence. On the morning of March 31, 2022, the Court was advised that one juror was ill and unable to return for the second day of trial. The proceedings continued with the 12 remaining jurors without objection. Thereafter, Plaintiff continued to put on evidence. Prior to Plaintiff resting his case, Plaintiff voluntarily dismissed his failure to accommodate claim and his retaliation claim, leaving only Plaintiff's disability discrimination claim. Plaintiff rested on March 31, 2022. A motion for a 4869.9080-7323.1NOT ORIGINAL DOCUMENT os: 01:26:37 PM MEDIAS031 directed verdict was made by Defendant and overruled by the Court. Defendant then proceeded to introduce its evidence and rested its case on March 31, 2022. Plaintiff offered no rebuttal evidence. Motions for a directed verdict were made by both Plaintiff and Defendant and those motions were denied by the Court in all respects, After some discussion with counsel and outside the presence of the jury, the Court made final modifications to the jury instructions and presented the final instructions to counsel. (On March 31, 2022, after the jury instructions were finalized and presented to the jury, closing arguments were made by Bradley Fyffe on behalf of Defendant and Anthony Bucher on behalf of Plaintiff. Immediately thereafter, the jury retired to the jury room, in the custody of the bailiff, with all exhibits in the case. After deliberations commenced, the jury submitted no questions to the Court. After deliberating for approximately one and one-half hours, the jury announced that it had a verdict. At this time, the jury was led into the courtroom by the bailiff and in open court the foreperson announced that a verdict had been reached. Whereupon the verdict was handed by the bailiff to the Court, who examined the same, and after examining the verdict, which is attached hereto and incorporated herein by reference, the Court read the verdict. As indicated in the attached verdicts, the jury unanimously concluded that Plaintiff had a disability as defined in Jury Instruction No. 2; that Plaintiff was able to perform the essential functions of his job with, or without reasonable accommodations; and that Plaintiff suffered an adverse employment action because of that disability. Pursuant to Jury Instruction No. 6 and Question B, Plaintiff was awarded $450,000, which included: 120,000 in lost wages and benefits; $30,000 in future lost wages and benefits; and $300,000 for past, present and future mental pain and suffering, mental anguish, embarrassment, humiliation, mortification, and loss of self-esteem. 4809 5000-7303.12NOT ORIGINAL DOCUMENT os: 01:26:37 PM MEDIAS031 Pursuant to KRS 344.450, Plaintiff is entitled to recover his costs of the lawsuit and Plaintiff's attorney is entitled to a reasonable fee. Plaintiff shall submit calculations and supporting affidavits for such costs, interest and attorney fees within twenty (20) days of the date of this Trial Order. Defendant shall have seven (7) days to respond. Thereafter, the Court will enter a Judgment consistent with the Jury's verdict and the Court’s ruling on costs, interest and attorney fees. pae:__Al pul 2, th fudge Patricia M. Sumbre Kenton Circuit Court, Tendered by: Have seen: Js/Anthony J, Bucher [s/Katherine Kennedy (w/permission) Anthony J. Bucher Katherine Kennedy Attorney for Plaintiff Bradley Fyffe Attorneys for Defendant Copies to Counsel of Record 4969.9080-73231 3