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05.22.2014

Superseding Causes in Kentucky Personal Injury Cases

In Kentucky, personal injury cases where negligence is alleged, a plaintiff must establish (1) a duty owed to the plaintiff, (2) breach of the duty, (3) that proximately causes injuries, and (4) actual damages. Negligence, including the element of causation, is never presumed in Kentucky. What happens, however, if some surprising act occurs to cause an accident that is not related to a defendant's otherwise negligent conduct? A "superseding cause" can absolve a defendant if it is extraordinary and independent — that is not arising out of a negligently created condition. In a recent unpublished opinion that illustrates how Kentucky looks at the issue of superseding causes, the Court of Appeals of Kentucky considered a case involving two accidents on opposite sides of an interstate highway. The first accident involved the defendant's car, which she had driven into the median and hit the base of the eastbound bridge under the roadway. The second accident happened when the plaintiffs were driving eastbound. They had come to a total stop in a traffic jam after the defendant's car's accident. A tractor-trailer rear-ended their vehicle, killing a family member and injuring another. The plaintiffs sued the defendant, claiming that her first accident directly and proximately caused their injuries and damages. The defendant moved for summary judgment, arguing that her accident had happened more than a mile away and that the traffic jam was the result of the emergency personnel's response and the negligence of the tractor-trailer driver, not her driving. The defendant argued that both of these events were superseding causes of the plaintiffs' injuries. The trial court agreed, ruling that the first responders had stopped traffic and the  tractor-trailer's negligence were both superseding causes. Read More

05.19.2014

Mutual Mistake in Kentucky Auto Accident Coverage

Insurance policies can be difficult for a layperson to interpret. There are a number of additional principles that govern insurance contracts, which insurers know, but their insured do not always understand. An experienced personal injury attorney can help make sure that you are not tripped up in a personal injury settlement with an insurer due to confusing policy terms or principles of which you may not be aware. In a recent case, the Kentucky Supreme Court reviewed an appellate court's opinion agreeing with the insurance company and against an injured person. In the case, the lower court's grant of summary judgment dismissed a man's claim for underinsured motorist coverage on the grounds that the underinsured motorist coverage was the result of a mutual mistake in making the insurance contract. Mutual mistake is a defense that an insurer may raise to show there is no coverage for an accident. The man argued that the "mutual mistake" defense wasn't available because the insurer failed to present clear and convincing evidence proving it mistakenly issued underinsured motorist coverage. He also argued that the insurer hadn't plead mutual mistake with particularity and therefore it waived the defense. He also claimed the trial court should have permitted him to amend his complaint to include statutory bad faith. Read More

05.15.2014

Disputed Facts in Tennessee Multi-Vehicle Accident

A 2013 Tennessee motor vehicle accident case involved a collision between a car driven by plaintiff Ramey Long and an 18-wheeler owned by a trucking company. The plaintiff was driving around 5 a.m. in the left lane on Interstate 40. As she tried to pass it, the 18-wheeler and her car collided. Her car stopped in the left lane and stayed smashed and unable to be operated after the collision.The front left brake booster and tire of the truck were also damaged. Another truck driver stopped at the scene and came over to help. The plaintiff got out of her car and crossed the interstate to get in the emergency lane. At the same time Ms. Adair was traveling alone the same route in an SUV. They came to the accident and she brought the SUV to a stop in the right lane. However, a Greyhound bus rear-ended it, sending it into the emergency lane and an adjacent grassy area. The SUV hit the plaintiff, dragging her into a ditch. She suffered spinal fractures. Read More

05.06.2014

ELPO can help with tax controversies

ELPO can help with tax controversies Read More

04.15.2014

GM Recall’s Impact on Kentucky Drivers

More than 2.5 million vehicles manufactured by General Motors have been recalled because of faulty ignition switches. GM announced the recall in mid-February, explaining that the ignition switches in certain of their vehicles could turn off while the car was being driven. When they turned off, the… Read More

04.04.2014

What is a “Daubert Hearing” in Kentucky?

A "Daubert hearing" takes its name from a United States Supreme Court case titled Daubert v. Merrell Dow Pharmaceuticals, Inc. It refers to a hearing in which the trial judge evaluates whether testimony or evidence from a particular expert is admissible. The hearing occurs outside of a jury's presence before trial. This type of hearing is often necessary in a pharmaceutical injury case where the plaintiff alleges the drugs prescribed caused serious harm. In Kentucky, a trial judge must determine whether the expert will be testifying to (1) technical, scientific, or specialized knowledge that (2) will help the trier of fact understand a fact at issue in the trial. A hearing is not always required, but a trial judge can only rule without a hearing if the record before the court is complete enough to measure the proposed evidence against the standards of reliability and relevance. Evidence must be both reliable and relevant to be admitted. A 2008 pharmaceutical injury case involving, among other issues, a Daubert hearing arose when a woman gave birth to her second child by cesarean section. She didn't want to breastfeed, so her obstetrician prescribed the drug Parlodel to stop her lactation. She started the drug and was discharged from the hospital. A few days later, she experienced a headache and pain between her shoulders. The next morning, her mother found her dead. Read More

04.02.2014

Kentucky Statute of Limitations in a Tractor Trailer Injury Case

Negligence lawsuits in Kentucky must be brought within the applicable statute of limitations. There are several causes of action under which recovery may be possible, but if you fail to bring your lawsuit within the applicable statute of limitations, you may not be able to proceed. There may only be a small window of time within which you can file suit. An experienced Kentucky personal injury attorney can help determine the appropriate method of recovery and applicable statute of limitations. In a 2011 case, the Kentucky Supreme Court considered whether a 1-year personal injury statute of limitations or the Motor Vehicle Reparations Act (MVRA) 2-year statute of limitations applied in the case of a man who was hurt as a tractor-trailer was being unloaded. The plaintiff was a contract truck driver at the time. On the day before the accident, the plaintiff was picking up aluminum bundles in Iowa that he planned to deliver in Kentucky. They were loaded into two stacks with three layers each. By the next day, the load had shifted. A forklift operator began unloading. The plaintiff was helping to roll up unattached straps. A bundle of aluminum hit the plaintiff. As a result of his injuries, he wasn't able to work for 6 months. Read More

05.02.2013

ELPO can help with H1-B filings

ELPO can help with H1-B filings Read More

09.16.2009

ELPO attorney pushes insurer for proper replacement

ELPO attorney pushes insurer for proper replacement Read More