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02.07.2017

Truck accident case brings settlement for client

Attorney Kyle Roby Attorney and partner Kyle Roby recently settled a truck accident case for $850,000 on behalf of a Kentucky client. We have posted about this case on our main firm web site, and are sharing with our audience here as well. Here is a summary of the case. Read More

01.17.2017

2016 tax exemptions numbers you’ll need to do your taxes

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Photograph 047 by Lauren Mancke found on minimography.com Each year, the IRS sets dollar amounts for specific types of exemptions. Usually, these don’t change much - $100 here, $50 here, etc. You’ll need these numbers as you do your taxes this year. The personal exemption amount for 2016 taxes is $6,300 for an individual or for a married couple filing separately (so that’s per person). As you’d expect, married filing jointly is twice that at $12,600. Head of households can claim $9,300, and surviving spouse $12,600. For anyone who takes the standard deduction and doesn’t itemize, that is the amount you’ll claim. However, the exemption is subject to a phase-out that begins with adjusted gross incomes of $259,400 ($311,300 for married couples filing jointly). It phases out completely at $381,900 ($433,800 for married couples filing jointly.) Forbes published an extensive piece that goes into more detail, including tax tables, which you can read here. Read More

01.13.2017

Tennessee Court of Appeals affirms dismissal of plaintiff’s motor vehicle accident case

Since there are so many variables and complexities involved in a motor vehicle accident case, it is always best for those who are injured in car crashes to consult with an attorney as early in the process as possible. Issues such as the statute of limitations, notice requirements, and other matters concerning timeliness must be dealt with promptly. The courts do not favor those who don't exercise their rights to sue in a timely manner. Recently, a Tennessee appellate court was called upon to decide whether an insurance company (which stood in for its insured, to which it had paid damages arising from a motor vehicle accident) had forfeited its right to recover from the responsible party because it failed to file their case after the defendant appealed a verdict for the plaintiff to circuit court. Read More

01.11.2017

Negligence standard, not strict liability, applies in Kentucky dog bite case

There is no question that some dogs are more dangerous than others, or that almost any dog is capable of an attack under the right circumstances. What responsibility should the owner of a dog with dangerous propensities - or the owner of any dog, for that matter - have toward the general public? A Kentucky appellate court addressed this issue recently in a case in which a woman was severely injured by a pack of dogs during a hunting trip. Read More

01.10.2017

Adoption tax credit is available for families

If you’ve adopted a child recently or plan to adopt a child soon, congratulations! We help families adopt as part of our family law practice. Expanding your family through adoption is joyful, and we’re thrilled to be a part of it. Adoptive parents may have some tax advantages that could help now that it is time to start preparing 2016 taxes. One big advantage is the federal adoption tax credit, which allows many adoptive parents to receive a credit to recover some of the costs of adoption. One note, though: the tax credits are not extended to step-parents adopting the child of their spouse. The tax credits are only available if you are adopting a child under the age of 18 or a child who is physically or mentally unable to care for himself or herself. Read More

01.05.2017

Kentucky Court reverses Summary Judgment to defendants in grocery store fall case

Say the words "slip and fall" and "grocery store," and a mental image of a shopper sliding across the produce section on a banana peel inevitably comes to mind. It's so cliché that it's almost humorous - unless you are a person who broke a bone or herniated a disc in a fall. The fact is that there are many serious injuries in grocery stores in Kentucky and across the nation each year, many of which could have been avoided had the store fulfilled its duty of care to the customer. Read More

01.04.2017

Collision coverage not available for insured in unlicensed driver accident

Most people who own an automobile know that it is important to obtain a copy of the insurance policy. However, many consumers do not fully understand all of the different options that may be available to them, much less the many limitations and exclusions contained in a typical policy. When an accident happens, a misinformed consumer can be extremely surprised and disappointed to find out what exactly is and, perhaps more importantly, is not covered, especially after years of faithfully paying monthly premiums to the insurance company. As the plaintiff in a recent insurance dispute lawsuit found out, just a few words in an insurance policy can make a tremendous difference in the insurance company's responsibility to pay out certain benefits in the event of an accident. Read More

12.21.2016

Court rules in favor of Tennessee hospital in premises liability lawsuit

Generally speaking, businesses such as retail stores, restaurants, and even hospitals have a duty to keep their premises in a reasonably safe condition. When a business fails to do so, it can be held liable for the resulting physical injuries (or even a guest's wrongful death). Those injured or the family of someone who died can file a premises liability lawsuit. However, such cases are sometimes difficult to prove, and the plaintiff has the burden of establishing the defendant's liability. If the plaintiff is unable to make out a case of negligence, he or she will not be able to recover any monetary damages, regardless of the severity of the injuries sustained in the accident. Read More

12.14.2016

How to give money without getting a tax headache: Part 2

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP You’d think giving money away would be easy, wouldn’t you? And for the most part, it is. But it’s important to pay attention to some of the details so you don’t end up getting socked with a tax bill or missing out on a tax deduction in return for your generosity. In our last post, we discussed how to give money to your children, grandchildren or anyone else you’d like without much complication (such as having to file a gift tax return).  Now, let’s turn to gifting that can net you a tax deduction on your income tax return (in addition to just making you feel good). Read More

12.13.2016

Medical expenses for injuries in Kentucky case ruled reasonable

It is not unusual for an insurers to balk at paying medical expenses for injuries suffered in a car accident or to take the stance that an accident was too minor to have resulted in a serious injury. Medical experts often disagree with this position, however, since each person has a different threshold for injury, and even a "minor" crash can cause permanently disabling injuries. In one recent case, chiropractic bills were the subject of a lawsuit in which an injured person sought to have those covered by an insurance company.   Read More