By Kyle Roby, Attorney
English, Lucas, Priest and Owsley, LLP
Although the basic law of negligence is the same across the country - namely, that to be successful, the plaintiff must show duty, breach of duty, causation, and damages - there are some nuances of negligence law that are different in various states. Thus, the outcome of a particular case can vary considerably, depending upon the state in which the accident occurred.
For instance, under the law of comparative fault, there can be wide variations in the outcome of a suit based on similar circumstances, depending upon the state where the suit is filed. The state of Tennessee follows what is called the "modified system of comparative fault."
Beginning with the 1992 case of McIntyre v. Balentine, a plaintiff may recover damages in proportion to a defendant's percentage of fault in an accident, as long as the defendant's fault outweighed any fault by the plaintiff. In cases in which the jury finds the parties to be equally at fault (or finds the plaintiff to be more than 50 percent at fault), the plaintiff recovers nothing. Read More
By Elizabeth J. McKinney, Attorney
English, Lucas, Priest and Owsley, LLP
As we age, one of our collective greatest fears is that we’ll lose the power to make our own decisions. This happens sometimes because our faculties begin to betray us. The things that once seemed simple – such as keeping up with a checkbook and paying bills – are more challenging. Physical limitations, such as loss of sight, diminished hearing and failing handwriting, can contribute to those challenges and call into question our mental competency.
Many people have children or a spouse ready or willing to step in. But that may also feed our fear – that as those other people come into the scene to help handle routine tasks, they’ll do things without our knowledge or consent, and that we’ll lose control of our money, our homes and even healthcare decisions. Read More
By Jessica Surber, Attorney
English, Lucas, Priest and Owsley, LLP
Sometimes, a single individual, business, or governmental entity is clearly to blame for negligently inflicting harm on an accident victim. But there are also times when the injured person must share in the blame for what happened.
When more than one party bears the responsibility for an accident, fault is determined under the principles of comparative fault, such that an injured party's settlement or judgment is reduced in proportion to his or her level of fault.
Recently, in the case of Carter v. Bullitt Host, LLC, the Kentucky Supreme Court addressed whether the doctrine of comparative fault was also applicable in premises liability cases involving the allegedly "open and obvious" hazards of snow and ice that caused a slip and fall injury. Read More
By Nathan Vinson
Attorney, English, Lucas, Priest and Owsley, LLP
We’re about five weeks out from January 1, 2016. Yes, really.
That means if there are financial moves you intended to make this year to save on your 2015 tax bill, you need to get going. I’ve outlined here a brief checklist to get you started. Read More
When a husband or wife dies or is severely injured as a result of someone’s negligence, the surviving spouse can typically seek damages for past medical expenses, future medical expenses, pain and suffering, lost wages, impairment of earning capacity and what’s called “loss of consortium.” Essentially, loss of consortium is the loss of the loved one’s love, care, services, assistance, and companionship. Loss of consortium seeks to compensate the surviving spouse for the harm endured to the marital relationship. Damages for loss of consortium can be awarded not only in wrongful death cases but also in cases in which a spouse has been severely injured and is unable to provide the love, care, services, assistance, and companionship that the couple enjoyed when both persons were healthy.
Damages for loss of consortium are only available to married couples. KRS 411.145 states that “either a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person.” Read More
By Kyle Roby, attorney
English, Lucas, Priest and Owsley, LLP
In tractor-trailer wreck lawsuits, one obvious defendant is the truck driver whose negligent driving led to the crash. The trucking company that employed him or her is usually also named as a defendant, under the doctrine of respondeat superior (which holds employers liable for the tortious acts of their employees, if the act was within the scope of the employment relationship).
In some instances, the circumstances of the accident may give rise to possible claims against others with a less obvious connection to the case.
For instance, in the recent case of Commonwealth v. Collins, the state was named as a defendant in a suit arising from a tractor-trailer wreck that also involved a school bus. Read More
Leadership Kentucky will hold a board meeting and reception at Western Kentucky University today, welcoming current members, board members and alumni. ELPO is sponsoring… Read More
