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Kentucky

07.28.2017

ELPO staff helps with United Way Day of Caring

ELPO staff helps with United Way Day of Caring 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

07.18.2017

ELPO sponsoring Collaborative Family Law training

ELPO sponsoring Collaborative Family Law training Read More

07.06.2017

Kenly Ames presents on trade secrets and non-competes at KBA

E. Kenly Ames Attorney Kenly Ames presented at the Kentucky Bar Association annual conference on the topic of trade secrets and non-compete agreements. She gave an overview of the Defend Trade Secrets Act of 2016, which for the first time creates a federal… 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

06.09.2017

Rebecca Simpson, Francisco Serrano speak to summer youth program

Rebecca Simpson, Francisco Serrano speak to summer youth program 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

05.24.2017

ELPO wins major victory in Court of Appeals in car accident case

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP Would you consider an ATV – an all-terrain vehicle – a motor vehicle? Kentucky law and some insurance companies do not – and that’s what the case we recently won for a client concluded, to the client’s benefit. The client, Thomas Robertson, was driving an ATV on a public roadway in Metcalfe County. Stacy Morgan was driving a vehicle on the same road, and as she attempted to pass Robertson, he turned left, and she collided with his ATV. Both were injured in the accident. Robertson did not have insurance, but Morgan did. Robertson, driving the ATV, sought Basic Reparations Benefits (BRBs) from the insurance company that insured Morgan’s vehicle. Under the terms of Morgan’s insurance, Robertson was considered to be a pedestrian, and pedestrians are entitled to basic reparations benefits. Read More

05.21.2017

Rebecca Simpson honored with Pro Bono Publico Award from bar association

Rebecca Simpson Family law attorney Rebecca Simpson received the Pro Bono Publico Award at the Bowling Green-Warren County Bar Association’s annual Law Day ceremony on May 19. She was honored for accepting pro bono cases on behalf of victims of domestic violence at the trial and… Read More

04.26.2017

Kentucky Court of Appeals Dismisses Underinsured Motorist Claim as Untimely

The Kentucky appellate courts seem to have heard more uninsured and underinsured motorist (UM/UIM) insurance cases than usual lately. Perhaps the court has done this intentionally for the sake of judicial economy - the reason being that it is easier to decide cases with similar issues while all of the intricacies of a particular branch of law are still fresh in the court's mind. Another reason may be that there are simply more UM/UIM disputes these days than in past years. Kentucky does have mandatory automobile liability insurance requirement, but the minimum required is just $25,000 per person (or $50,000 per accident) for bodily injury claims. Given the rapidly increasing costs of medical care, this coverage is often not enough to fully compensate an accident victim for his or her medical expenses, lost wages, and pain and suffering. UM/UIM coverage bridges the gap between a defendant's liability coverage and a plaintiff's total amount of damages, at least up to the plaintiff's own policy limits. It is important to note that, just as in other types of personal injury cases, timeliness is very important when it comes to asserting one's rights under a UM/UIM policy. Read More