270.781.6500

Kentucky

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

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

04.19.2016

Attorney Rebecca Simpson joins ELPO

Attorney Rebecca Simpson joins ELPO Read More

04.12.2016

Tax Day is set for April 18

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Tax Day is a day that we know you celebrate with great abandon. Right? If you do in fact go all out for Tax Day, this year, you’ll need to move your Tax Day celebrations to April 18. Traditionally, Tax Day is April 15. In some circumstances, it is moved back a few days to accommodate a holiday. This year, Tax Day is April 18 because of Emancipation Day, which is a holiday in Washington, D.C. that marks the anniversary of the abolition of slavery in the nation’s capital.  It is celebrated annually on April 16.  Because that date falls on a Saturday, Emancipation Day will be officially celebrated on April 15 this year, shutting down city offices. Tax Day is also moved when April 15 falls on a Saturday or Sunday. It is then moved to the following Monday. Read More

04.05.2016

Personal Injury Lawsuit Failed Due to Lack of Expert Testimony

The burden of proof is initially on the plaintiff in a personal injury lawsuit. In order to prevail, he or she must prove each of the four elements of negligence (duty, breach of duty, causation, and damages) by a preponderance of the evidence. This is usually done through a combination of expert witnesses and lay testimony. For instance, in many car accident cases, the basic facts of the crash may be explained by lay witnesses ("I saw the blue car run the red light and hit the side of the white van"). Evidence regarding certain damages, such as injuries and the reasonableness and necessity of medical expenses, requires testimony from an expert witness such as a physician. In the middle of these extremes are cases in which expert witness testimony would prove helpful but is not strictly required in order for a case to go forward. Sometimes, the parties disagree as to whether such testimony is an actual requirement under the circumstances, and the court must make a decision. Read More

03.29.2016

Kentucky slip and fall case by store clerk fails in court

Workers' compensation was designed as a compromise. An injured worker does not have to prove that his or her employer was negligent (as is required in most personal injury cases), but the worker's monetary recovery is typically less than it would be in a negligence case. Whether or not this is a fair trade-off is a controversial subject. The good news for an injured worker is that he or she can receive medical care and payment of temporary and, if applicable, permanent disability benefits, even if he or she cannot show that the employer did anything to cause the injury complained of. The bad news is that, even if the employer was at fault, the payout to the worker remains the same, with no compensation for pain and suffering or loss of consortium to the injured person's spouse. Sometimes, the parties disagree as to whether an injury was sustained during the course and scope of employment. For instance, an employee may be away from the business premises at the time of an accident (such as a car crash) but still arguably engaged in work for the employer. Read More

03.22.2016

Kentucky Supreme Court says two-year statute of limitations in underinsured motorist claim is valid

Regardless of the merits of a party's complaint, it will never be heard unless the courts find that it was timely filed. Failure to comply with the statute of limitations isn't just a small "technicality." It is a deal breaker when it comes to negligence litigation. A recent underinsured motorist claim case in Kentucky highlighted the importance of hitting deadlines. It can also be a mistake to file suit on the eve of the running of the statute of limitations. As the plaintiff in the case set out below discovered, waiting until shortly before the expiration of the limitations period can be very costly. Read More

01.28.2016

Big rig accidents more prevalent on slick roads

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP This winter’s weather challenged everyone who was out driving in it, but especially those driving tractor-trailers. Some big rig accidents occurred during last week’s heavy snow, no doubt, as trucks weigh several tons and are hard to stop even during ideal driving conditions. The best thing to do during bad weather is stay home, of course, but not everyone has that option. If you’re called into work on a day when it is snowing, your bosses are expecting you to report for duty. Those who work in hospitals, emergency responders and city government officials have no choice. It’s their duty to take care of the rest of us – and we’re certainly all grateful for that. While truck drivers are limited in how far and how long they can drive in a day by rules created and enforced by the Federal Motor Carrier Safety Administration, the government agency has rules and regulations as it relates to adverse driving conditions. Adverse conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun. Read More

01.22.2016

Congratulations to Keith Carwell on 40 years of service

Congratulations to Keith Carwell on 40 years of service Read More