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08.04.2016

Tripping accident lawsuit thwarted by release written into membership application

Property owners and business operators owe certain duties to those who come onto their premises for a business or social purpose. A breach of this duty can potentially result in a finding of liability against the landowner and an award of damages in favor of an injured party. This is most commonly referred to as a "slip and fall" case, in which someone is injured because of property that isn't maintained, such as a cracked sidewalk or other similar issue. For this reason, it is increasingly common for would-be defendants to ask for a waiver of liability from those with whom they do business. It is up to the courts to determine whether such waivers are valid under the facts of an individual case. Read More

08.02.2016

Kentucky court rules driver had no duty to sound horn to prevent pedestrian accident

Lawsuits arising from negligent operation of a motor vehicle typically involve two drivers, each driving his or her own vehicle. Passengers in one or both vehicles may also be parties to the suit if they were injured in the collision. Sometimes, the case involves a pedestrian accident. Regardless of whether the person seeking to recover compensation following an automobile accident is a motorist, a passenger, or a pedestrian, the plaintiff has the burden of proving that the defendant was negligent. This means that he or she failed to act in a prudent manner, causing harm to the plaintiff. Read More

07.28.2016

Getting ready for 2017 tax time

By Nathan Vinson, attorney English, Lucas, Priest and Owsley, LLP This time of year is nice, isn’t it? It’s warm and pleasant out, and maybe a little bit more laid back at work. Tax time is behind you (yes!) and it’s not time to think about next year’s taxes. OR IS IT? Well, we hate to break it to you, but yeah, it is time to think about it NOW. It’s July. More than half of the year is gone. If you haven’t set up a good filing system for your receipts and other tax-related information, you need to – and soon. If you’ve got a giant pile of paperwork and receipts, hey, you’re not alone – but don’t let this linger. Read More

07.21.2016

Drug company slammed with $70 million judgment in Risperdal drug injury case

  Earlier this month, a jury in Pennsylvania delivered the largest verdict yet against the maker of Risperdal, an antipsychotic medication. A jury awarded a family $70 million as compensation for devastating drug side effects suffered by their son. According to media reports, this is the fifth such lawsuit… Read More

07.19.2016

Insured’s Claim for UIM in Kentucky Denied Despite 30-Year Misunderstanding About Coverage

Do you know how much uninsured motorist coverage you have, or whether you have such coverage at all? One man thought that he had such coverage, but, as it turns out, uninsured motorist coverage was not part of his insurance plan with Allstate. In a case that went all the way to the state's highest court, the parties vehemently disagreed about the issue of coverage. Ultimately, the man lost his case in an appellate court opinion issued some 10 years after the automobile accident that led to the dispute. Read More

07.14.2016

Exchange gifted property to avoid a tax hit

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP If you receive a vacation home as a gift, you can exchange it for another property to avoid a big tax hit. Receiving a home or significant piece of property as a gift may sound wonderful. And it is, in nearly every case. But sometimes when you get a piece of property as a gift, it’s not quite what you want, or perhaps it is too much of a burden to handle. You may decide to sell it, or, you may find it more advantageous to do an exchange. That’s a strategy we recommend to clients on occasion to help avoid tax on a second home. That tax is usually at the more advantageous capital gain rate, but nevertheless, it is still tax dollars out of your pocket. I’ll explain how it works. Read More

06.21.2016

Tennessee Court allows estranged husband to bring wrongful death suit but allocates of proceeds to back child support

Depending upon the law of the state in which a person dies, it may be possible for his or her survivors to file a wrongful death lawsuit, a survival action, or both. Typically, state law also dictates who has the right to file suit, the appropriate lawsuit(s), the types of damages that may be sought, and how the proceeds will be divided among the various interested parties. Difficulties sometimes arise in identifying the proper party to bring the suit. When this happens, it is up to the trial court judge to apply the law to the particular facts of the case. If any litigant is dissatisfied with the judge's ruling, he or she may seek relief in the court of appeals, or thereafter the state supreme court. Read More

06.09.2016

Woman’s death from fall into glass display case does not constitute premises liability

When a person is injured on someone else's property, or when a loved one dies as a result of an accident on another party's property, there is the possibility of filing a premises liability lawsuit seeking compensation for damages such as medical expenses, lost wages, and pain and suffering. However, the burden is on the plaintiff to prove his or her case by a preponderance of the evidence. Business and landowners are very resistant to a finding of liability and will fight hard for a dismissal of the case if at all possible. Read More

06.02.2016

The Defend Trade Secrets Act of 2016: What Businesses Need to Know

The Defend Trade Secrets Act of 2016: What Businesses Need to Know Read More

06.02.2016

Manipulating emotions often cause elderly people to buy into fraudulent schemes

By Nathan Vinson Between our phones and our e-mail, everyone in America (and likely around the world) is hit with scams every day. We’re promised millions by the wife of a dead African dictator, or told that the caller is from the IRS and needs payment of back taxes immediately. Door-to-door sales people tell us there is something wrong with our roof. Insurance flyers attempt to scare us into thinking that something horrible will happen if we don’t buy their insurance. Most of us brush this stuff off without a thought. We hang up on the scammers, delete those spam e-mails and move on. But for the elderly, it’s hard to tell the difference between a genuine offer that needs our attention and fraud. While we all fear looking stupid or gullible, what’s truly frightening for an elderly person is the prospect of looking dumb in front of someone we love and trust. Asking for help as you get older is difficult. Scammers know this – and push the elderly into it by insisting their offer is for a limited time or that dire consequences can result if they don’t act right now. Read More