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05.24.2016

Tennessee Court Holds that Mexican Law Applies in Product Liability Lawsuit

Where do you file a product liability lawsuit? Most of the time, the answer is simple. You file it where the actionable issue occurred. If you live in Kentucky and that's where the accident happened, it's easy to determine you file your lawsuit in Kentucky. Sometimes, there are multiple possibilities for where to file a suit. If the opposing party doesn't like the plaintiff's choice of court, the opposing party can ask for a dismissal of the case or, in some situations, a transfer. If the plaintiff disagrees with the trial court's order regarding jurisdiction or choice of forum, the plaintiff can file an appeal. Once the proper court has been decided, another possible issue is that of choice of law. Typically, this question arises when an issue could possibly be resolved according to the law of two or more states. However, sometimes, the choice of law question involves the law of differing nations. Read More

05.20.2016

Distracted driving is a dangerous and deadly practice

 We live in an increasingly fast-paced society in which people take on multiple activities at once to get more things done. The level of risk that accompanies this habit varies according to the tasks at hand. For instance, if a person decides to drink coffee while reading a book, the worst thing that will probably happen is that the book will get ruined by spilled coffee. But in distracted driving cases, the level of risk goes up substantially. When a driver attempts to do another task, such as sending a text message, changing music, or applying makeup, the risk of a serious injury or death is high. Our firm has seen multiple accidents in which people were seriously injured or even died due to distracted drivers. In an Atlanta case that's gotten national attention, a teenage driver was using SnapChat while driving and became involved in an accident in which a man was left with traumatic brain injuries. Part of the evidence in the case is a SnapChat screen shot that indicates the teen was driving more than 100 miles per hour. You can read about this case in an article on the TechCrunch news web site. If you're not familiar with it, SnapChat is a social media application for smart phones that allows users to record video or photos and add more information, drawings and writing over the photos. One of the ways to use SnapChat is to add a filter over the photo that shows more information about where the photo was taken. One option is a filter that shows speed. While that's fine to use if you're a passenger, and kinda fun to use if you're traveling 400 miles per hour on an airplane, it's a terrible idea to use this feature while driving. We feel like this should go without saying - but obviously, some need to hear it. Read More

05.19.2016

Kentucky Appellate Court holds that foreman with duty of road maintenance was not entitled to qualified immunity

The term "qualified immunity" refers to a doctrine under which an allegedly negligent public official is shielded from liability when sued in his or her individual capacity for discretionary acts that were performed in good faith and within the official's scope of employment. Recently, a Kentucky appellate court was called upon to review a claim of qualified immunity as it pertained to a personal injury lawsuit brought by two people injured in a school bus wreck that allegedly happened due to the failure of certain government officials to respond to public complaints about the condition of a road in Leslie County, Kentucky. Read More

05.06.2016

Kentucky Court examines slip and fall injury case, ruling in favor of the injured

A negligence case has four components:  duty, breach of duty, causation, and damages. Sometimes, a particular situation - such as a slip and fall injury, an act of medical malpractice, or a defective product - turns a simple negligence case into a more complex inquiry.Sometimes, however, the opposite is true. A recent case from the Kentucky Court of Appeals illustrates this point. Facts of the Case In Campbell v. Pro Video Audio Productions, Inc., the plaintiff was working as a professional stagehand at a concert in Louisville in 2012 when his foot became entangled in a tarp placed on the stage. He fell approximately seven feet, hurting his arm, leg, face, and hand. He sued the defendant, who was in the business of providing stage construction and sound system services, alleging that it had created an unreasonably dangerous condition by failing to place handrails around the stage. Read More

05.05.2016

Even Prince needed a will

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Prince performing in concert in Louisville, Kentucky. Photo by Bob Young. News reports since Prince’s death have indicated he died intestate – which means without a will. It’s hard to imagine someone who had complex dealings with the music world and a sizable fortune not having this very basic legal document. You’re talking about a guy who changed his name to an unpronounceable symbol in a contract dispute with Warner Brothers (finally settled in 2014) and put out albums under the symbol name – and never seemed to lose credibility or popularity because of it. His cool factor really has nothing to do with legal issues. As a fellow musician, I just stand in awe of anyone who has such a long, productive career and had such a strong fan base that lasted decades. Think of the legality of changing your name to a symbol and continuing to produce records. It probably gave his business and legal advisors some heartburn. Lawyers were likely involved in many aspects of his musical career, determining usage rights, negotiating record deals, negotiating with booking agents for venues and many, many other things. He had employees certainly and probably more than one business entity. It was a complex life. Read More

05.03.2016

Win big at the track? Congratulations! Now pay your gambling taxes

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP We’ve written previously about gambling taxes, highlighting this issue mainly because of the affection Kentucky has for horse racing. And as you well know, we’re in the midst of horse racing season. Keeneland had its spring meet, and Churchill Downs is now open for the season, with the Kentucky Derby set for May 7. This will be followed by the Preakness in Baltimore and the Belmont Stakes in New York, and the Breeder’s Cup in November in California. Lots of us love to put a little dough (or a lot!) down on a horse at the track. There was some talk earlier this year of lowering the threshold at which tracks were required to report winnings to the IRS, but that never moved forward, so far as we can tell. Read More

05.03.2016

Defendant in Tennessee car accident case had the right to introduce photographs

By Kyle Roby, Attorney English, Lucas, Priest and Owsley, LLP Car accidents, truck wrecks, and other motor vehicle crashes fall under the general law of negligence. In order to prove a negligence case, a plaintiff has to prove four separate elements:  duty, breach of duty, causation, and damages. Each element must be proven by a preponderance of the evidence, which is when the jury finds that the plaintiff's version of the facts is more likely true than not. It does not require the injured person to prove beyond a reasonable doubt these elements, as in the criminal justice system, but rather only that it is more likely than not that there was a breach in a duty owed to the injured person that caused damages. Once the plaintiff has presented his or her case at trial, and the judge has determined that he or she has made a prima facie case of negligence, the defendant has the right to offer evidence that contradicts the plaintiff's version of the facts or impeaches the plaintiff's testimony. The jury is the ultimate trier of fact, taxed with the duty of deciding which witness to believe when the testimony is conflicting. Read More

04.29.2016

Guardrails are the subject of national scrutiny

By Kyle Roby, attorney English, Lucas, Priest and Owsley, LLP Metal guardrails run alongside many highways, particularly those that hug a steep embankment. They’re designed to protect those in a car if it careens off the highway. In some cases, though, guardrails are making accidents much more deadly than they should be. A recent accident here in Bowling Green could have possibly had a different outcome if a guardrail was not involved. A car veered off of Morgantown Road and hit the support wires of a utility pole and the guardrail. The guardrail penetrated the car and hit the driver. She was killed. Two others were hospitalized with serious injuries, and two more were treated locally for less severe injuries. Read More

04.27.2016

Kentucky Derby party fall case sent back to lower courts for more proceedings

 Businesses and landowners have a responsibility to keep their property safe for visitors. Of course, not every accident will result in a finding of liability because the plaintiff must prove that the defendant knew or should have known about the dangerous condition that caused the fall or other injury and should have taken reasonable steps to prevent harm to those who would be expected to come onto the property for a business purpose or as a social guest. Commonly referred to as "premises liability" or "slip and fall" cases in the legal system, lawsuits arising from injuries on business property or another person's land are often hotly contested by the owner of the property where the accident occurred. Often, the defendant will seek the dismissal of the case early in the process, and the court must decide whether the plaintiff has enough evidence to go to trial. Read More

04.26.2016

Uninsured motorist insurance carrier sues in accident case

Uninsured motorist insurance coverage can help pay for property damage, medical expenses, lost wages, and pain and suffering in the event that an insured is involved in an accident with an uninsured (or underinsured) driver.  An uninsured driver is just what you would think it means – a driver that does not have insurance. Underinsured driver means the at fault driver has insurance, but they do not have enough insurance to cover your damages such as medical bills, lost wages, and pain and suffering. If an insurance company makes payments to its insured under a uninsured motorist policy, the insurance company has a right to file suit against the uninsured driver in order to assert its subrogation rights. In such cases, the insurance company essentially stands in the shoes of the insured and is held to the same procedural rules as the insured if he or she filed the lawsuit. Read More