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09.01.2017

Federal Court holds that Kentucky business owners’ insurance company not obligated to provide liability insurance coverage

It is not usual for a company car to be used for purposes that go beyond official work for the employer's business. But what if the employee doesn't work for the company any longer, but still has the vehicle? Who is responsible if the former employee gets into an accident in that vehicle? Is the business obligated to provide liability insurance coverage? In a recent case, a dispute arose as to whether the vehicle owner's insurance company owed liability coverage for an accident that occurred when the automobile was being used by a former employee for non-business purposes. Read More

08.23.2017

Talcum powder case returns big verdict for plaintiff

By Jessica Surber, Attorney English, Lucas, Priest and Owsley, LLP Photo by Keyseeker on Morguefile For decades, talcum powder was considered to be a perfectly safe part of a woman’s feminine hygiene routine. Women commonly applied it to their genital area as part of their daily routine. However, new evidence has pointed to the link between ovarian cancer and talcum powder. Women are taking action against the companies who promoted this product as safe for use, even though executives knew there was a potential link between it and ovarian cancer. Johnson & Johnson, the maker of Johnson’s Baby Powder and Shower to Shower products, is being sued by thousands of women across the country who believed that talcum powder was safe and even helpful to use. Just this week, a California jury handed out a $417 million verdict against Johnson & Johnson in a case filed by a woman who developed ovarian cancer. This verdict includes $70 million in compensatory damages and $347 million in punitive damages. Read More

08.22.2017

Tax reforms could threaten some popular tax cuts

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Improvements to tax law and reducing taxes are a very popular item on most politicians’ platforms. You won’t find anyone who openly says people should pay more. At least, not anyone currently serving in office. They’re right, by the way – our tax code is far too cumbersome and it changes constantly. (And no, I’m not running for office.) President Trump has indicated he wants to reform the tax code and change the way people pay taxes. Lawmakers are reportedly discussing how to do that while paying for expensive new initiatives. How can you do it all? Read More

08.15.2017

Eclipse driving: keep your eyes on the road

On Monday, we will have an unusual opportunity here in Bowling Green and all of South Central Kentucky: we will be a prime viewing area for the solar eclipse. This is incredibly exciting, so much so that schools are closed, local hotels are full and many special events are planned. Traffic is expected to be extremely heavy in our area as people make their way to prime viewing spots. Southern Bowling Green is expected to be one of the places that will experience totality – a total eclipse – along with Hopkinsville, which is touting itself as the point of the greatest eclipse and “eclipseville.” Nashville, too, will have great views, so you can expect plenty of traffic between Bowling Green and Music City as well.     Read More

07.27.2017

Kentucky Court grants summary judgment in asbestos case

Mesothelioma can take several forms:  pleural (affecting the lungs), peritoneal (in the abdominal lining), or pericardial (developing in the heart). The prognosis is not good - most people who are diagnosed with mesothelioma have only six months to two years to live. All three forms of the disease are believed to be caused by the victim's exposure to asbestos. If you are considering filing an asbestos case, know that exposure even as far back as 50 years ago can still cause mesothelioma today. Most often, exposure occurs in an industrial setting. Asbestos can be found in construction materials, buildings, and other products. Firefighters, mechanics, shipyard workers, pipe fitters, and demolition crew members are common victims of mesothelioma. Read More

07.25.2017

Horse riding injury case remanded back to lower court for trial

Those who lack familiarity with the inner workings of the civil justice system may be under the impression that a lawsuit is either settled or it goes to trial in front of a jury. However, the fact is that not everyone who files suit gets their day in court, so to speak. Many cases are decided by a judge via a process known as summary judgment. When a judge grants summary judgment, he or she is essentially saying that, even if the plaintiff is given the benefit of the doubt as to questionable evidence, the law will not allow him or her to be successful at trial. Usually, summary judgment terminates a civil case. However, a party against whom such an order is entered may appeal the trial judge's decision, and the court of appeals could see things differently. Read More

07.13.2017

Tennessee personal injury case highlights importance of timeliness of filing lawsuit

Compared to some states, Tennessee has a very short statute of limitations for the filing of claims involving personal injury: just one year. If a claim is not filed within this time period, the plaintiff's case will be dismissed regardless of its merits. In addition to filing his or her claim in court within one year of the accident, the plaintiff must also serve a summons and a copy of the complaint on the defendant within a certain time period. A recent Tennessee personal injury case illustrates the difficulties that a claimant faced when his opponent not only moved out of the county but also filed for bankruptcy protection. Read More

07.07.2017

Who has duty to enforce big rig size limits on Kentucky’s roads?

Generally, when someone is hurt due to another party's negligence, the injured person has a right to seek fair compensation in a court of law. When the alleged breach of duty was by a governmental entity or government employee, however, different rules apply. At common law, the government could not be held liable for injuries caused by negligence. This was because of the "sovereign immunity" doctrine, which held that "the king can do no wrong." While it is now possible to file suit against the government and be awarded money damages under some circumstances, such cases tend to be much more difficult than if the defendant had been a business or individual without government ties. Read More

06.13.2017

Kentucky Court of Appeal Affirms Jury Verdict in Favor of Customer Who Slipped in “Oily Substance” at Mall

Those who own or operate businesses that are open to the public have certain responsibilities to keep their premises safe for those who come onto the property for a business purpose, such as to shop at a store or eat at a restaurant. When this duty is breached, an injured person has the right to seek monetary compensation for medical expenses, lost wages, and pain and suffering associated with the accident. Read More

06.01.2017

Dying without a will causes legal disputes for Prince

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Prince performing in concert in Louisville, Kentucky. Photo by Bob Young. It’s been more than a year since music legend Prince died unexpectedly at his home in Minnesota. He was actively touring and working at the time of his death on April 21, 2016, at the young age of 57. You’re forgiven if you assumed his estate was long settled, since he died more than a year ago. But it’s not done yet – and may not be for quite a while – due to the fact that he died without a will. It’s astounding to think that someone who is as famous, prosperous and with as many assets as Prince would die without this basic legal document. But as it turns out, he’s no different than anyone else – he probably didn’t want to think about death. Whether you die a famous millionaire or with few assets, if you don't have a Will you can leave a large mess. Heirs you would have never wanted to have your property could get it. Your estate will spend more probating your assets as well, and those who you wished to receive items from your estate may never see them. Prince was a very charitable man, yet none of his millions he had nor future royalties will benefit those he likely would have preferred to benefit. Plus, the estate will shell out much more than anyone would want to pay in estate taxes. Your children and family will be far happier if you take care of this before you die – and there’s no doubt it will bring you piece of mind, too. Read More