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Kentucky

06.02.2015

Kentucky courts implementing e-filing program

Kentucky courts implementing e-filing program Read More

05.14.2015

Kentucky Federal Court dismisses woman’s medical device product liability lawsuit

In Babich-Zacharias v. Bayer Healthcare Pharmaceuticals, Inc., a woman filed a product liability lawsuit against a pharmaceutical company in the U.S. District Court for the Western District of Kentucky after she allegedly suffered a number of adverse health effects from using the company’s intrauterine contraceptive device (“IUD”). According to her complaint, the woman developed idiopathic intracranial hypertension as a result of her use of the device that was designed to stay in the body for up to five years. If not properly treated, the condition can result in severe headaches and temporary blindness. The woman claimed the patient pamphlet provided to her when the IUD was inserted failed to warn her of the link between her condition and use of the product. Despite this, the woman admitted the information stated further research regarding the medical product was needed. The woman also claimed that the medical device manufacturer failed to conduct sufficient clinical testing and intentionally concealed known risks associated with use of the device from patients and medical professionals in the company’s marketing products. Read More

04.28.2015

Cathy Bishop continues to serve on Kentucky Commission on Women

Cathy Bishop continues to serve on Kentucky Commission on Women Read More

04.14.2015

8 steps to take if you’re involved in a car wreck

Car wrecks occur every day by the thousands. Sometimes they’re slight fender-benders, but other times these accidents cause injuries that can impact the quality of life of those involved. Having a plan in place if you’re involved in a car wreck can help you if you are not severely injured. Talking through your plan with your family can prepare you and is an excellent step to take. We’ve outlined eight steps we would tell any clients to take if they are involved in an accident. If anyone in your vehicle is injured and needs immediate medical attention, call 911 as soon as you can. It’s important to get an ambulance headed your way as soon as possible, particularly if you are in a rural area. This can take time, as can the ambulance ride to a medical center, and time is your greatest enemy when you’re injured. If you or someone in your vehicle is severely injured, the rest of this list doesn’t matter. Nothing is more important than getting them the help they need to survive and recover. Read More

03.26.2015

Six Things to Do When You Have a Child

Having a child can be exciting (and stressful).  Probably the last thing you might think to do when having a child is to update an estate plan, but it’s absolutely necessary.  Here are 6 things to consider when you have a child. Read More

03.23.2015

Protecting your home from creditors while you’re still living

Many elderly clients feel the need (and rightfully so) to plan for the protection of their home from creditors, including government interests, during their elder years and after their death. It is too often forgotten the planning tools available that provide benefits now rather than later. In line with our recent posts regarding… Read More

03.19.2015

Tips from a Kentucky estate lawyer: how to pass on memorabilia and collections in your estate

Many people collect all kinds of things, and these collections come to hold tremendous sentimental and in some cases monetary value. As people age, they begin to think about who they would like to have certain items or entire collections, and sometimes, bold relatives or friends suggest they'd like to receive something special to remember you by. Gifts and promises of gifts are also made to honor a special relationship. These type of collections can cause significant arguments after you are deceased. The best way to avoid such disputes is to clearly specify in writing exactly who is to receive what items. Verbally telling a relative or friend what you would like for them to have upon their death, and giving away significant items while you're still living, causes confusion and prompts some to get greedy. It's the last thing anybody wants after they're gone.   Read More

03.18.2015

Warren County car accident case verdict affirmed by Kentucky Court of Appeals

In an unpublished opinion, a couple was apparently injured in a Warren County car accident case that involved three vehicles. According to the couple, they were hurt when their truck was struck from behind by a minivan that was rear-ended by another car while stopped at a traffic light. As a result of their harm, the couple filed a personal injury lawsuit against the driver of the minivan and the car operator in Warren County Circuit Court. Prior to trial, the couple resolved their claims against the driver of the car through mediation. Because of this, the motorist did not participate in a subsequent jury trial between the couple and the minivan driver. Still, jurors were provided with apportionment instructions related to both the minivan operator and the car driver at the close of trial. Following trial, the jury issued a verdict stating the driver of the car breached his duty to maintain reasonable control of his vehicle. In addition, the jury absolved the minivan operator of liability. The Warren County Circuit Court then issued a final judgment dismissing the couple’s complaint against the minivan driver. Read More

03.16.2015

Kentucky Appeals Court overturns jury verdict in bike accident case

The Kentucky Court of Appeals has ordered a new trial after evidence was improperly excluded in a bike accident case. In Motorists Mutual Insurance Company v. Thacker, a Pikeville, Kentucky resident was struck by a motor vehicle while riding her bicycle near Palm Beach, Florida. As a result of the crash, the woman endured multiple broken bones and a traumatic head injury. The woman also apparently required psychiatric treatment following the bike accident. After the driver’s liability insurer paid the woman the full policy limits of $20,000 for her accident injuries, she filed a lawsuit in Pike County Circuit Court seeking underinsured motorist (UIM) benefits from her own auto insurance company. Following a trial, a jury returned a $3.9 million verdict against the woman’s UIM insurer. The jurors also found that the woman was 50 percent responsible for her injuries. The trial court offset the financial compensation the woman received from the motorist’s liability carrier before awarding her more than $1.9 million. The UIM insurer then appealed the jury’s verdict to the Kentucky Court of Appeals. Read More

03.13.2015

Estate Planning: Social Media and the Digital Age

Social media accounts include Facebook, Snapchat, Twitter, Foursquare, Vine and many others. Virtually everyone these days has some variety of social media accounts, whether it be Facebook, LinkedIn, Twitter, or some other form of social media (the list appears to be never-ending).  Encompassing more than just social media, nearly everyone has Internet and other electronic accounts that require maintained passwords to access.  What happens to a person’s social media accounts when that person dies?  Who has a right to access the password-maintained accounts?  Fortunately, these issues are starting to receive attention and are being addressed. Facebook now allows its members to designate a “legacy contact” to manage the deceased persons account (to some degree) posthumously, a feature just added a few short months ago.  Facebook's newsroom states: Facebook is a place to share and connect with friends and family. For many of us, it’s also a place to remember and honor those we’ve lost. When a person passes away, their account can become a memorial of their life, friendships and experiences. Today we’re introducing a new feature that lets people choose a legacy contact—a family member or friend who can manage their account when they pass away. Once someone lets us know that a person has passed away, we will memorialize the account and the legacy contact will be able to: Write a post to display at the top of the memorialized Timeline (for example, to announce a memorial service or share a special message) Respond to new friend requests from family members and friends who were not yet connected on Facebook Update the profile picture and cover photo If someone chooses, they may give their legacy contact permission to download an archive of the photos, posts and profile information they shared on Facebook. Other settings will remain the same as before the account was memorialized. The legacy contact will not be able to log in as the person who passed away or see that person’s private messages. Alternatively, people can let us know if they’d prefer to have their Facebook account permanently deleted after death. Read More