If someone asked you about your insurance coverage, what would you say? Many people would simply reply, "Yes, I have coverage," or "No, I don't have any right now." Those in the "Yes" contingent would probably consider the matter settled, not giving any thought to exactly what "having insurance" actually means.
How much liability coverage do you have? Is your uninsured/underinsured motorist coverage the same amount as your liability coverage? Who exactly is covered under your policy? Under which circumstances?
A Tennessee family was faced with these and other questions when their house sitter (whom they described as a "close family friend") used their vehicle to go pick up a friend and was involved in a fatal accident on the way back. Read More
In lawsuits involving motor vehicle accidents, it is not unusual for there to be multiple defendants. Sometimes, this is because two or more drivers' negligence may have contributed to the accident. It can also happen when a driver was on the job at the time of the accident. In this tractor-trailer accident case, just getting to the heart of who was responsible was difficult.
Under the doctrine of respondeat superior, an employer can be held liable for the tortious acts of a servant, agent or employee. This includes negligent driving. Discovering all of the possible defendants in a case can be a complex endeavor that may take some time. This is one of the reasons that it is best to contact an attorney as soon as possible after an accident. Read More
By Nathan Vinson, Attorney
English, Lucas, Priest and Owsley, LLP
If you own a small business, offering health insurance to your employees is likely one of your biggest headaches. There are an incredible number of options for health insurance, including the use of health savings accounts. Some small businesses have never offered it for those reasons, and because the costs of it can send a company’s expenses through the roof.
It’s understandable – and until recently, it was entirely legal. Employees could go elsewhere for insurance, such as through a spouse’s work or purchase it privately. But the Affordable Care Act changed all of that. The Act mandates that businesses offer health insurance to employees and their dependents. The rules were phased in over time (but they’re here now), and it’s only for those businesses that hit certain thresholds. An excellent Associated Press article recently outlined all of the thorny problems for small businesses. You can read that here. Read More
By Kyle Roby, attorney
English, Lucas, Priest and Owsley, LLP
Even car accident cases that seem simple in the beginning can grow complicated very quickly. In a recent Kentucky fatal car accident case, who was driving the car at the time of the accident was the legal question. The alleged operator of a car involved in a fatal collision accused his passenger of being behind the wheel, even after the operator had pled guilty to manslaughter in criminal court.
It was up to the trial court - and the court of appeals, on review - to decide whether the issue was to be resolved by judicial admission or by the jury at trial. Read More
According to the Centers for Disease Control and Prevention, about half of all Americans take at least one prescription medication. Many also take over-the-counter medications - such as pain relievers, vitamins, and antihistamines - on a regular basis. It is, therefore, very important that pharmaceutical products be carefully monitored.
Patients who are harmed by unreasonably dangerous or defective medications may be able to obtain compensation for their injuries via a product liability lawsuit. Such suits often allege multiple theories of liability, including negligence, strict liability, failure to warn, and breach of warranty.
The United States Food and Drug Administration (FDA) is the federal agency charged with protecting and promoting the health of Americans through the regulation and supervision of prescription drugs, over-the-counter medications, dietary supplements, and related products. Read More
By Nathan Vinson, Attorney
English, Lucas, Priest and Owsley
We all would love a nice windfall of unexpected money. Whether that’s winning the lottery, receiving an inheritance or taking home a fat prize from a TV quiz show, it’s nice to think about what we might do with sudden wealth that we didn’t really do much to earn, and comes in a large lump sum.
In the case of lottery or quiz show winners, the first thing you want to do is tell everyone because you are excited. But that’s a mistake – a big one. When people know that you have an unexpected amount of cash coming your way, people you haven’t heard from in years will ask you for money. Also expect that your everyday friends may ask for money – and it may surprise you who makes that ask. Then comes the charities and those who represent those organizations. Read More
By Kyle Roby, Attorney and Partner
English, Lucas, Priest and Owsley, LLP
This winter’s weather challenged everyone who was out driving in it, but especially those driving tractor-trailers. Some big rig accidents occurred during last week’s heavy snow, no doubt, as trucks weigh several tons and are hard to stop even during ideal driving conditions.
The best thing to do during bad weather is stay home, of course, but not everyone has that option. If you’re called into work on a day when it is snowing, your bosses are expecting you to report for duty. Those who work in hospitals, emergency responders and city government officials have no choice. It’s their duty to take care of the rest of us – and we’re certainly all grateful for that.
While truck drivers are limited in how far and how long they can drive in a day by rules created and enforced by the Federal Motor Carrier Safety Administration, the government agency has rules and regulations as it relates to adverse driving conditions. Adverse conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun. Read More
