Masten Childers III

Masten Childers is one of Kentucky's most formidable and versatile trial attorneys. Chair of Whiteford’s Catastrophic & Personal Injury: Regional & National — Kentucky practice, his experience spans state, federal and appellate courts, as well as complex arbitrations, and includes extensive experience representing both plaintiffs and defendants. After building a career and establishing his reputation as a litigator defending banks, insurance carriers, medical institutions and major corporate clients across a broad spectrum of disputes, he has emerged as a powerful advocate for the injured Kentuckians he champions today.
 
Mr. Childers’ practice extends beyond Kentucky to representation of individuals across the country in courts and arbitrations involving catastrophic injuries, medical malpractice, toxic torts, mass actions and construction defect cases. In Kentucky, he is central to Whiteford’s strategic alliance with Peterson Law Office. Together with Peterson Law's founding attorney, Justin Peterson, he co-leads litigation on the most complex personal injury and catastrophic harm cases in the state. The results speak to the strength of the alliance, with recent victories including an $8.4 million medical malpractice verdict in Marion County, Kentucky, in 2025, as well as the ongoing representation of more than 80 individuals and businesses in litigation arising from the November 2025 Louisville UPS cargo plane crash — one of the largest aviation disasters in Kentucky's recent history.

Recognitions

• The Best Lawyers in America^®, Insurance Law (2026, 2027), Litigation - Construction (2026, 2027), Mass Tort Litigation/Class Actions - Defendants (2025-2027), Personal Injury Litigation - Defendants (2026, 2027), Personal Injury - Plaintiffs (2026, 2027)
• Kentucky Rising Star^®, Civil Litigation (2017–2022)
• Kentucky Super Lawyers® Civil Litigation (2026)

Personal Injury Litigation

• Mr. Childers’ practice extends beyond Kentucky to representation of individuals across the country in courts and arbitrations involving catastrophic injuries, medical malpractice, toxic torts, mass actions and construction defect cases. In Kentucky, he is central to Whiteford’s strategic alliance with Peterson Law Office. Together with Peterson Law's founding attorney, Justin Peterson, Mr. Childers co-leads litigation on the most complex personal injury and catastrophic harm cases in the state
• Counsel in coordinated litigation arising from the 2025, UPS Flight 2976 crash in Louisville, Kentucky, representing more than 100 individuals and entities including families of deceased victims, injured workers and small business owners affected by the disaster. The litigation asserts claims for wrongful death, catastrophic personal injury and extensive property and business losses. The cases allege corporate negligence and aviation safety failures involving aircraft maintenance and engine pylon assembly systems and seek accountability from multiple corporate defendants including aircraft manufacturers, component suppliers and aviation operators. The matter has received national media attention, including coverage on ABC World News Tonight and Good Morning America
• Represented family of an abused patient in an elder abuse/wrongful death action against a rehabilitation hospital, where the Kentucky Supreme Court affirmed lower court denials of a stay of all discovery pending resolution of a parallel criminal trial.  The Court held that “the public has an interest in prompt resolution of both cases, especially the civil case which may impact” patients of the healthcare provider defendants. The decision was seen as a significant victory for victims of elder abuse and their families and precedent-setting in the Commonwealth of Kentucky
• Recent victories including an $8.4 million medical malpractice verdict in Marion County, Kentucky, in 2025

Business Litigation

• Litigated numerous business cases relating to breach of contract, shareholder/member disputes, breach of fiduciary duties, breaches of non-compete agreements, insurance coverage disputes, tortious interference with contractual rights, and unfair competition claims
• Represented numerous corporate clients in shareholder litigation adverse to former members of LLCs, employees, and vendors
• Co-counsel to the Kentucky Department of Revenue which obtained summary judgment against the Online Travel Companies for unremitted tax revenue to the Commonwealth.  Department of Revenue, et al. v. Expedia, Inc., et al., Franklin Circuit Court, Division II, Civil Action 13-CI-00828 (Opinion and Order entered March 16, 2016)
• Represented individual and corporate clients in prosecuting lender liability suits against national and regional banks 
• Litigated successfully on behalf of numerous Kentucky banks in various litigation matters including prosecuting claims against defaulted borrowers; defending lender liability claims; defending claims asserting violations of the Fair Debt Credit Reporting Act; defending regulatory actions by state Banking Commission; defending Uniform Commercial Code (UCC) claims, defending title insurance claims
• Provided litigation support to private equity lenders, mezzanine lenders, and other niche financial companies

Construction Litigation

• Defended Developers, Architects, and Contractors in numerous construction litigation matters including but not limited to contractual disputes, construction defect cases, and indemnification claims
• Represented property owners in actions against Developers, Architects, and Contractors for a myriad of issues related to design and construction of homes and commercial properties

Insurance Litigation

• Extensive litigation experience in commercial and civil litigation in state, federal, and appellate courts in the insurance litigation/defense realm including coverage disputes, automobile liability, premises liability, products liability, municipal liability, public sector liability, Section 1983 litigation, professional liability, employment matters, coverage, pre-litigation assessment, mediation, arbitration, and administrative hearings

Real Estate Litigation

• Represented buyers, sellers, real estate agents, and brokers in various contractual disputes arising from the marketing, sale, and/or purchase of homes and commercial properties