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Kentucky

03.03.2015

Federal Court refuses to remand Kentucky Uninsured Motorist insurance case

In Helton v. Lelion, a couple sued a driver who was operating a vehicle in which a tire became loose and hit their vehicle. The couple initially filed a negligence lawsuit in Wolfe County Circuit Court against the driver who lost her tire. The allegedly negligent motorist with the loose tire apparently did not carry liability insurance when the accident occurred. Because of this, the injured driver also demanded the full policy limits of her uninsured motorist coverage from her own auto insurer, as well as attorneys’ fees and interest. The defendants removed the uninsured motorist case to the U.S. District Court for the Eastern District of Kentucky in Lexington based on diversity of citizenship. Under 28 U.S.C. Section 1332(a), a federal court may exercise such jurisdiction when the amount in controversy exceeds $75,000 and the parties are citizens of different states. In response, the couple filed a motion to remand the case back to a Kentucky state court. Although the plaintiffs agreed that the parties were diverse, they claimed that federal jurisdiction was improper because the amount in controversy did not exceed the statutory minimum. The injured driver also signed a stipulation that the entirety of the damages she sought were less than $75,000. Read More

03.01.2015

Life estates and Kentucky inheritance in estate planning

By Nathan Vinson, attorney English, Lucas, Priest and Owsley, LLP Life estates have long been an efficient and simple succession planning device for those who want to leave their homes to loved ones when they die. Here is a basic illustration of how it works:  Mom has survived Dad and owns her house outright.  She still lives in the home, which has a value of $300,000.  Mom wants to leave the home to her Son at her death.  So, Mom gives her house to the Son (the “remainder interest”) and reserves the right to live in the home during her life (the “life estate”). Read More

02.25.2015

Risperdal case brings $2.5 million verdict against Johnson and Johnson

Risperdal Plaintiffs seeking a judgment against Johnson & Johnson, the makers of the drug Risperdal, saw a big victory this week out of Philadelphia. A jury sided with the family of an autistic boy who grew size 44 DD breasts after taking Risperdal in 2002. The Wall Street Journal, along with many other publications, wrote about the verdict, which was handed down on February 24, 2015. Growing breasts was one of several risks that Johnson & Johnson knew about but hid from the Food and Drug Administration, lawyers said. The condition is called gynecomastia. Some patients have been forced to undergo surgery to remove the breasts. Due to the widespread use of this drug, our firm believes there are many patients who have taken Risperdal and may very well have suffered similar problems, or other side effects. ELPO is accepting cases against Johnson & Johnson, the maker of Risperdal, representing children and their families who have been harmed by Risperdal. The drug treats the symptoms of psychiatric disorders. In addition to gynecomastia, there is an increased risk of stroke and diabetes for patients taking Risperdal. We want to help patients protect their rights, and encourage anyone who has taken Risperdal or who has a family member who has done so to contact us as soon as possible. Read More

02.20.2015

ELPO sponsors Institute for School Principals

ELPO sponsors Institute for School Principals Read More

02.18.2015

Travis Armstrong continues in leadership role in Association of Legal Administrators

Travis Armstrong continues in leadership role in Association of Legal Administrators Read More

02.12.2015

Jessica Shoulders graduates from Leadership Bowling Green

Jessica Surber graduates from Leadership Bowling Green Read More

02.12.2015

Kentucky Court Finds Virginia Law Applies in Tractor-Trailer Wreck Dispute

The Kentucky Court of Appeals has found that Virginia law applied in an uninsured motorist (UIM) coverage dispute arising out of a Kentucky tractor-trailer crash. In an unpublished opinion, a Virginia truck driver sued the insurance carrier for another motorist who struck his big rig head-on. The tractor-trailer wreck occurred on Interstate 65 in Jefferson County, Kentucky, in 2009. At the time of the collision, the other motorist was allegedly intoxicated and traveling in the wrong direction on the freeway. Following the accident, the truck driver settled with the at-fault driver’s liability insurer for the full policy limits of $25,000. After that, the semi-truck driver’s motor vehicle insurer waived its subrogation rights against the other driver.  The trucker then sought $25,000 in UIM benefits from his own auto insurer. The truck driver’s UIM insurer denied his claim because the at-fault driver was not an underinsured motorist according to the definition included in his insurance policy. In addition, the company claimed that Virginia law allowed it to offset the $25,000 payment the truck driver received from the other driver’s insurer against his potential UIM benefits. Because of this, the trucker’s insurer claimed that he was not entitled to receive additional payment as a result of his UIM coverage. Read More

02.11.2015

Auction raises $4,004 for Relay for Life

Auction raises $4,004 for Relay for Life Read More

02.10.2015

LaJuana Wilcher, Samantha Propp speak at Kentucky Chamber Environmental Conference

LaJuana Wilcher, Samantha Propp to speak at Kentucky Chamber Environmental Conference Read More

02.09.2015

Shelby County Car Accident Case brings $1 million verdict for plaintiff

In Barnes v. Saulsberry, a man sued a taxi cab driver and the owner of the taxi cab following an accident on the side of the highway. The man was standing on the shoulder of a Tennessee highway waiting for emergency personnel to arrive following a traffic collision. While the man was outside his vehicle, a taxi cab struck a parked automobile. The parked vehicle collided with the man’s car, which then hit the man. As a result, the man allegedly sustained permanent and disabling harm. About one year after the automobile accident, the injured man filed a negligence lawsuit against the taxi cab driver and its owner in Shelby County, Tennessee. According to the man, the defendants caused him to suffer numerous broken bones, ongoing pain and suffering, loss of enjoyment of life, and more. Following a jury trial, the man received a damages award of $1 million. After unsuccessfully seeking a new trial, the defendants filed an appeal with the Tennessee Court of Appeals in Nashville. Read More