270.781.6500

Kentucky

02.15.2018

Property Owner’s Liability During Winter Weather

By J.A. Sowell, Attorney English, Lucas, Priest and Owsley, LLP Snow is beautiful when you’re tucked inside with hot chocolate and have nowhere to go. But that’s not the case for most of us. You may have a doctor’s appointment, work duties or errands to run that demand you leave the house before the snow is gone. In most cases, businesses do a nice job of getting out and clearing snow and ice from sidewalks and steps to keep their own employees and customers safe. You might wonder what your own duties are at home or at your business. Are you required to clean your sidewalks? What about your steps? Read More

02.01.2018

Nikki McKenzie awarded CEDS Certification after passing exam

Nikki McKenzie awarded CEDS Certification after passing exam Read More

01.16.2018

Commercial vehicles and hazardous road conditions: responsibilities and the law

By Kyle Roby, Partner English, Lucas, Priest and Owsley, LLP Roads throughout Kentucky, but particularly in our area, are snow-covered, ice-packed and impassable at places today. Many work places, including our own, closed today so our employees can stay home and be safe. While we have that option, not everyone exercises that much caution when dealing with hazardous weather. It’s somewhat understandable. Some businesses, such as hospitals, don’t ever close for any reason. There are also some people who think the rules don’t apply to them, and they don’t exercise due caution, and that is much more concerning. Today, we are hearing news reports of a multi-vehicle accident on Interstate 65 in Hart County. Police scanner traffic indicates the accident involves a Greyhound bus, two commercial vehicles and two passenger vehicles. I follow Joe Imel on Twitter (who doesn’t?) and he gave out details as he heard them, as well as posted a Kentucky State Police report on the accident. Read More

01.09.2018

Underinsured and uninsured motorist coverage: what you need to know

By Bob Young, Attorney English, Lucas, Priest and Owsley, LLP Every car owner in Kentucky is required to carry liability insurance on their automobile. Liability insurance means that if you are involved in an accident with another vehicle, and you are at fault, your insurance will pay for the damages to the other vehicle and for their injuries. But what happens if you’re involved in an accident, it’s the other person’s fault and the other person isn’t carrying the required insurance? Or what if your injuries or your passenger’s injuries are greater than the coverage the other person is carrying? If the at-fault drivers has no coverage, that would mean your own uninsured motorist insurance policy would pay the bills for your treatment and cover the pain and suffering for injuries suffered by you or anyone in your vehicle. If the at-fault driver does not have sufficient coverage, underinsured motorist coverage, again, on your own policy, would cover these bills and damages, to the extent the at-fault driver does not have adequate coverage. Read More

01.05.2018

Gaines Penn joins Kentucky Academy of Hospital Attorneys

Gaines Penn joins Kentucky Academy of Hospital Attorneys Read More

12.12.2017

Bob Young selected for ABA Diversity and Inclusion Advisory Council

Bob Young selected for ABA Diversity and Inclusion Advisory Council Read More

12.05.2017

Kentucky Appeals Court sides with homeowners in construction accident case

When a person who is injured due to another party's careless conduct files a lawsuit, he or she may expect the matter to be concluded either by a jury trial or by a settlement. However, a significant number of Kentucky personal injury cases - especially premises liability lawsuits arising from slip and falls, trip and falls, and fall down accidents - are resolved via a motion for summary judgment. By granting summary judgment, a trial court is saying, in essence, that even if everything the plaintiff says in his or her complaint is true, the defendant is entitled to a judgment as a matter of law. Summary judgment is only appropriate in situations in which no genuine issues of material fact must be resolved in order for the issues to be decided. Read More

11.29.2017

Common sense and trust distributions

By Leah Morrison, Attorney English, Lucas, Priest and Owsley, LLP When it comes to planning to avoid or minimize Federal Estate tax, there are four (almost) magic words that frequently appear in trust documents: health, education, support and maintenance, known in the trust and estate law industry as HEMS. Outside of the tax advantages of including HEMS in a trust document, these words also impact the administration of the trust. When a trust includes HEMS language, beneficiaries from the trust may receive funds from the trust for those type of expenses, and those only. A trustee is placed in charge of the trust. That trustee usually has broad latitude in determining how many distributions are made from the trust and in what amounts – but HEMS language is included to limit what those distributions may be used for. Trustees must ensure that the distributions fall under those categories. Trustees are often a lay person, and in many cases, a family member. This can make things particularly sticky and confusing, especially if there are disagreements among family members. Read More

11.28.2017

Nathan Vinson graduates from Leadership Bowling Green

Nathan Vinson graduates from Leadership Bowling Green Read More

11.20.2017

Rebecca Simpson gives presentation on collaborative practice

Rebecca Simpson gives presentation on collaborative practice Read More