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Kentucky

12.29.2014

Kentucky Supreme Court Affirms Directed Verdict for Woman Hurt in Negligent Big Rig Wreck

In Wright v. Carroll, a woman who was seriously injured in a tractor-trailer crash filed a lawsuit in Elliott County Circuit Court against the driver of the big rig that struck her automobile. In her complaint, the woman accused the semi-truck driver of negligently maintaining the vehicle. She also alleged that the wreck occurred because the truck driver operated the vehicle in a negligent manner when he lost control of the 18-wheeler and entered her driving lane after navigating a blind curve in the road. In the initial trial, the jury sided with the tractor trailer operator, but that verdict was overturned by the Kentucky  Court of Appeals due to improper jury instructions. According to the Kentucky Court of Appeals, the jurors should not have been instructed on the sudden emergency doctrine, since the tractor-trailer collision did not constitute an emergency that the driver could not have anticipated. As a result, the personal injury case was remanded for a new trial. Following a second trial, jurors again entered a verdict in favor of the truck driver. The trial court denied the woman’s motion for a directed verdict, and she appealed the jury’s decision. The Kentucky Court of Appeals held that the trial court should have granted the woman’s motion and ordered the lower court to hold an additional trial only on the issue of damages. The tractor-trailer driver then sought review by the Kentucky Supreme Court. Read More

12.19.2014

Insurance Dispute Following Fatal Semi Crash Will be Decided by Greenup County Court: Estate of Ferrell v. J and W Recycling, Inc.

The Kentucky case Estate of Ferrell v. J & W Recycling, Inc. involved a semi truck and car accident in which both drivers died. The two drivers were killed when an automobile and a tractor-trailer collided in Greenup County, Kentucky, in 2011. The driver of the semi-truck was apparently operating the commercial vehicle during the course of his employment for a recycling company. When the accident occurred, the recycling business carried commercial general liability insurance. Still, the company’s insurer refused to honor the policy and indemnify the business after the fatal accident. Following the tragic wreck, the wife of the automobile driver filed a wrongful death lawsuit against the recycling business. According to her complaint, the accident resulted in part from improper truck loading by a forklift operator. After nearly two years of litigation, the man’s wife and the recycling company agreed upon a settlement in which the business admitted fault for the deadly collision. As part of the agreement, the decedent’s wife accepted the recycling company’s rights under its liability insurance policy. When she filed a petition with the court to “adjudge the existence of coverage” under the policy the insurer sought to move the case to the U.S. District Court for the Eastern District of Kentucky based upon diversity jurisdiction. 28 U.S.C. § 1332 allows a party to a lawsuit to remove a case from state court where the parties are residents of different states and the amount in controversy exceeds $75,000. The Federal Declaratory Judgment Act, however, allows a federal court to refuse jurisdiction where appropriate. After examining several factors, the federal court declined to hear the case. Read More

12.18.2014

Kentucky Court of Appeals rules on Underinsured Motorists case

Earlier this year, the Kentucky Court of Appeals made a significant ruling that's largely viewed as favorable to plaintiff's attorneys. The court ruled that the statute of limitations begins on an Underinsured Motorists claim when the insurance company turns down the insurance claim, rather than from the date of the accident or the date of the last Personal Injury Payment (PIP) was made. Underinsured Motorists provisions are included in most insurance policies. The provisions allow motorists to cover the costs of property damage, physical injuries, rehabilitation and other issues caused by another driver who is underinsured or does not have enough insurance to compensate someone for their injuries and damages. Those involved in such an accident file a claim with their own insurance company seeking compensation. The provisions vary by company and by policy, and some accident victims seek the assistance of an attorney to file such a claim. The recent Kentucky Court of Appeals case cited here was Amberee N. Hensley v. State Farm Mutual Automobile Insurance Co. Read More

12.16.2014

ELPO helps Cate family donate to charity

ELPO helps Cate family donate to charity Read More

12.16.2014

ELPO helps Cate family donate to charity

ELPO helps Cate family donate to charity Read More

12.01.2014

ELPO elves wrapping gifts for Relay for Life

ELPO elves wrapping gifts for Relay for Life Read More

11.25.2014

Federal Court in Bowling Green Refuses to Certify Question of Law to Kentucky Supreme Court in Tractor-Trailer Crash Case

Earlier this year, the U.S. District Court for the Western District of Kentucky in Bowling Green refused to certify a question of law to the Kentucky Supreme Court in a tractor-trailer accident case. The case was Meherg v. Pope. The case centered on a semi-truck accident in which the tractor-trailer allegedly struck a stopped car from behind on Interstate 65 in Hart County. The force of the impact apparently caused the stopped car to hit another vehicle that was carrying three people. As a result of the crash, five individuals were reportedly injured, and a child was killed. About one year after the big rig collision, several of the injured victims filed a gross negligence claim against the truck driver and a respondeat superior claim against the trucking company that employed the truck driver. The doctrine of respondeat superior allows an employer to be held responsible for the negligent acts of an employee when the acts were performed during the course of the worker’s employment. In addition, the plaintiffs accused the trucking company of negligent hiring, training, and supervision of the driver. Three years later, the federal court held that the driver did not commit gross negligence and stated the plaintiffs failed to demonstrate he was reckless. The court also ruled that punitive damages were not warranted in the case. Punitive damages are normally awarded by a court in an effort to punish particularly egregious conduct. They are also designed to deter others from acting similarly in the future. Since the driver admitted to acting negligently, and the trucking company admitted to respondeat superior liability, the Western District of Kentucky stated a trial would be held on the sole issue of any personal injuries sustained by the plaintiffs as a result of the 18-wheeler accident. The federal court also refused to allow the plaintiffs to offer evidence related to the trucking company’s alleged negligent supervision or hiring of the trucker. According to the federal court, most Kentucky courts had previously refused to hold that a negligent training and supervision claim could survive an employer’s admission of respondeat superior liability. The doctrine of respondeat superior allows an employer to be held responsible for the negligent acts of an employee when the acts were performed during the course of the worker’s employment. Read More

11.23.2014

Which state’s laws apply in Uninsured Motorists provisions? Grange vs. Tennessee Farmers Mutual

State laws vary when it comes to uninsured motorists coverage. Our personal injury attorneys are licensed to practice in both Kentucky and Tennessee and see these type of cases often.In a case decided by the Kentucky Court of Appeals recently, the issue of which state laws applied in an uninsured motorist case was handled by the court. The case is Grange Property and Casualty Company vs. Tennessee Farmers Mutual Insurance Company. The dispute arose after two motorists were in an accident in Pike County, which is in Eastern Kentucky. Grange Ferlin Pruitt, the operator of one of the vehicles, was driving a vehicle owned by his employer, Drill Steel Services. The other driver,  Allison Comer, had no insurance. Drill Steel Services insured Pruitt's vehicle with Grange Property and Casualty Company, which had policy limits for Uninsured Motorists of $1 million. Pruitt also had a personal insurance policy from Tennessee Farmers, which provided coverage of up to $100,000 for accidents involving uninsured motorists. Allison Comer died as a result of the accident. Pruitt was injured. Comer had crossed the center line and struck Pruitt's vehicle and was responsible for the injuries he suffered, but because Comer was not insured, the only payout he could receive was from his own insurance company's uninsured or underinsured motorists provisions. He settled with Grange, and Grange sought to recover the $100,000 policy limit from Tennessee Mutual, arguing that the company was responsible for the payment under Kentucky's pro-rata law. Tennessee Mutual argued that Tennessee law applied, and Pike County Circuit Court agreed with Tennessee Mutual. Grange appealed the case to the Kentucky Court of Appeals, which affirmed the lower court's decision. The court agreed that Grange had the greater duty to cover Pruitt, and argued that Grange's policy should pay out first, and Tennessee Mutual's policy would only kick in if damages exceeded $1 million. Drill Steel Services is a Kentucky-based corporation. Read More

11.21.2014

What proof is required in a bad faith claim against an insurance company?

Bad Faith claims against a person’s insurance company occurs when the insurance company isn't negotiating fairly with its customers. These claims are often when someone feels they are not getting a settlement offer that's close to what it should be, or sometimes used when someone feels their insurance company isn't paying a claim that it should. Insurance companies are legally required to negotiate fairly - in good faith - with its customers. It's hard even for an experienced attorney to prove exactly what a valid bad faith claim is. How do you prove a person's, or company's, intention? Such cases demand an experienced attorney. A recent Kentucky Court of Appeals case helped set standards for bad faith claims. The case of Samantha Hollaway v. Direct General Insurance Company of Mississippi Inc. involves a parking lot collision in Lexington, Kentucky. Hollaway alleges another driver backed out of a parking spot and hit her; the other driver says Hollaway hit him. Hollaway received a check for damages to her car from Direct General, which amounted to less than $500. She also wanted $125,000 in medical damages, or up to the limit of the other driver's insurance policy. The insurance company reviewed the case and offered $5,000, based on medical records that indicated she had some damage to her back but she also had pre-existing back problems. The insurance company indicated it was not sure if the damages were the result of the accident or were from previous problems. Hollaway was not satisfied with the offer, and instead filed suit against the other motorist and Direct General. The insurance company offered Hollaway $22,500. Hollaway filed a bad faith claim against the company. Her argument was that she was not offered the higher amount until she filed suit and that the insurance company negotiated in "bad faith" with her. Read More

11.17.2014

Kentucky Court of Appeals Overturns Summary Judgment In Which Spouse Rejected Uninsured Motorist Coverage

In Boarman v. Grange Indemnity Ins. Co., a man was seriously injured in a motor vehicle collision when another motorist ran a red light and collided with his vehicle. Unfortunately for the injured man, both the driver and the vehicle that struck him were not insured at the time of the accident. Despite this, the man obtained a judgment of more than $90,000 against the other driver for his accident injuries. Since the at-fault motorist was uninsured, the man never collected the damages that were awarded to him. About one month before the man was hurt, his wife obtained a new automobile insurance policy naming both members of the couple as insured drivers. Following the crash, he filed a claim for uninsured motorist coverage from their auto insurer. The insurance company denied the man’s claim because his wife rejected uninsured motorist coverage in writing when she obtained the policy. The man then filed a lawsuit in Daviess County Circuit Court against his insurance company to recover the uninsured motorist benefits he believed he was statutorily entitled to. The man testified at trial that his wife was asked to obtain the same accident coverage the couple held with their previous motor vehicle insurer, which included uninsured motorist coverage. In addition, the injured man claimed that he was a co-applicant who did not reject his statutory right to uninsured motorist coverage, as evidenced by the fact that he did not sign the insurance policy application. Still, he received a copy of the policy and paid insurance premiums that did not include uninsured motorist benefits. Read More