This is an Advertisement

Published on:

crutches

Kentucky is a “no fault” insurance state. While this does not mean that a person hurt by another person’s negligence can never seek compensation following a motor vehicle accident, it does provide that certain minimum benefits must be available to those who purchase automobile insurance, without regard to fault.

The idea is that injured individuals who suffer only minor injuries will have their medical expenses paid through their own personal injury protection (PIP) or basic reparations benefits (BRB), thus discouraging lawsuits.

Continue reading

Published on:

liability insurance coverageIt is not usual for a company car to be used for purposes that go beyond official work for the employer’s business. But what if the employee doesn’t work for the company any longer, but still has the vehicle? Who is responsible if the former employee gets into an accident in that vehicle? Is the business obligated to provide liability insurance coverage?

In a recent case, a dispute arose as to whether the vehicle owner’s insurance company owed liability coverage for an accident that occurred when the automobile was being used by a former employee for non-business purposes.

Continue reading

Published on:

By Jessica Surber, Attorney
English, Lucas, Priest and Owsley, LLP

talcum powder

Photo by Keyseeker on Morguefile

For decades, talcum powder was considered to be a perfectly safe part of a woman’s feminine hygiene routine. Women commonly applied it to their genital area as part of their daily routine.

However, new evidence has pointed to the link between ovarian cancer and talcum powder. Women are taking action against the companies who promoted this product as safe for use, even though executives knew there was a potential link between it and ovarian cancer.

Johnson & Johnson, the maker of Johnson’s Baby Powder and Shower to Shower products, is being sued by thousands of women across the country who believed that talcum powder was safe and even helpful to use. Just this week, a California jury handed out a $417 million verdict against Johnson & Johnson in a case filed by a woman who developed ovarian cancer. This verdict includes $70 million in compensatory damages and $347 million in punitive damages.

Continue reading

Published on:

eclipse drivingOn Monday, we will have an unusual opportunity here in Bowling Green and all of South Central Kentucky: we will be a prime viewing area for the solar eclipse.

This is incredibly exciting, so much so that schools are closed, local hotels are full and many special events are planned. Traffic is expected to be extremely heavy in our area as people make their way to prime viewing spots. Southern Bowling Green is expected to be one of the places that will experience totality – a total eclipse – along with Hopkinsville, which is touting itself as the point of the greatest eclipse and “eclipseville.”

Nashville, too, will have great views, so you can expect plenty of traffic between Bowling Green and Music City as well.

 

 

Continue reading

Published on:

industrial-plant-300x217Mesothelioma can take several forms:  pleural (affecting the lungs), peritoneal (in the abdominal lining), or pericardial (developing in the heart). The prognosis is not good – most people who are diagnosed with mesothelioma have only six months to two years to live.

All three forms of the disease are believed to be caused by the victim’s exposure to asbestos. If you are considering filing an asbestos case, know that exposure even as far back as 50 years ago can still cause mesothelioma today. Most often, exposure occurs in an industrial setting. Asbestos can be found in construction materials, buildings, and other products. Firefighters, mechanics, shipyard workers, pipe fitters, and demolition crew members are common victims of mesothelioma.

Continue reading

Published on:

horse

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. Continue reading

Published on:

clock

Compared to some states, Tennessee has a very short statute of limitations for the filing of claims involving personal injury: just one year. If a claim is not filed within this time period, the plaintiff’s case will be dismissed regardless of its merits.

In addition to filing his or her claim in court within one year of the accident, the plaintiff must also serve a summons and a copy of the complaint on the defendant within a certain time period.

A recent Tennessee personal injury case illustrates the difficulties that a claimant faced when his opponent not only moved out of the county but also filed for bankruptcy protection.

Continue reading

Published on:

truck-on-highway-KY-300x225Generally, when someone is hurt due to another party’s negligence, the injured person has a right to seek fair compensation in a court of law. When the alleged breach of duty was by a governmental entity or government employee, however, different rules apply.

At common law, the government could not be held liable for injuries caused by negligence. This was because of the “sovereign immunity” doctrine, which held that “the king can do no wrong.”

While it is now possible to file suit against the government and be awarded money damages under some circumstances, such cases tend to be much more difficult than if the defendant had been a business or individual without government ties.

Continue reading

Published on:

mallThose 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.

Continue reading

Published on:

picnic table

Under Kentucky law, a person who is injured on the job is entitled to benefits such as temporary and permanent disability payments and medical expenses. Usually, these benefits are less than what the worker would have received in a negligence case against someone other than his or her employer.

Thus, an employee who is hurt at work may wish to file a personal injury lawsuit against a third party whose negligence contributed to an injury at work. Of course, the third party has an incentive to assign as much fault as possible to the employer, even though the employer is immune from liability in the negligence case.

Continue reading