This is an Advertisement

Articles Tagged with Kentucky

Published on:

Bob Young, attorney

Bob Young

By Bob Young

On September 9, 2019, the Food and Drug Administration issued a stern warning to Juul Labs. The FDA sent 2 letters to the e-cigarette manufacturer stating that it was troubled by Juul’s marketing and outreach practices. The agency cited a testimony from a July congressional hearing that described how a Juul representative told children in a school presentation that their product is “totally safe.”

Published on:

By Jessica Shoulders

Jessica-Surber_pp-237x300

Jessica Shoulders

If you’ve driven on a public road, odds are that you have encountered a distracted driver.  In 2017, the most recent year reported by the National Highway Traffic Safety Administration (NHTSA), 3,166 people were killed in motor vehicle accidents involving distracted drivers.

The NHTSA defines distracted driving as any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system—anything that takes your attention away from the task of safe driving.  Texting or using a cell phone is one of the leading causes of distracted driving.  According to the NHTSA, sending or reading a text takes your eyes off the road for five seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.  This makes texting not only a common cause of distracted driving, but one of the most dangerous ones, as it takes your eyes away from the road much longer than other distractions.

Unfortunately, keeping an eye out for distracted drivers has become a necessary part of staying safe while on the roadway.  While it is impossible to avoid all distracted drivers, there are signs you can look for to make it easier to spot and avoid drivers who are distracted while behind the wheel.

Continue reading

Published on:

By Kyle Roby, Partner
English, Lucas, Priest and Owsley, LLP

Kyle-Roby-web-2-1

Kyle Roby

A recent Kentucky Supreme Court case addressed the issue of PIP or BRB payments, which are also called no-fault payments. This is part of a class action lawsuit against insurance giant GEICO. The company denied PIP benefits based on a doctor reviewing medical records and not examining the individual. This is known as a peer review of medical records by an out-of-state doctor.

This procedure is not found in the Kentucky Motor Vehicle Reparations Act (MVRA). The plaintiffs argued that this procedure should not have been used as a standard for denying benefits and the Kentucky Supreme Court agreed.  In fact, the Kentucky Supreme Court compared the arguments made by the attorneys and the trial court to coon dogs leading a hunter in the wrong direction or as the old saying goes “they were barking up the wrong tree.”

The case is Government Employees Insurance Company (GEICO) vs. Jordan Sanders and Anita Houchens (individually and as class representatives). The court handed down the ruling on November 1, and ordered that the ruling was to be published, which means it can be used as a standard in future cases.

Continue reading

Published on:

By Jessica Surber, Partner

English, Lucas, Priest & Owsley, LLP

Women seeking relief from a variety of issues, including incontinence and other problems after child birth, sometimes receive a mesh implant made by a variety of companies including Boston Scientific. The mesh often ends up causing more problems than it solves.

Published on:

By Bob Young, Managing Partner
English, Lucas, Priest and Owsley LLP

In 2012, there was a national outbreak of fungal meningitis caused by poor manufacturing conditions at New England Compounding Company (NECC). Out of the 753 cases reported to the Centers for Disease Control, 234 individuals contacted fungal meningitis, while more than 300 individuals suffered from fungal infections. Sixty-four patients in nine states died.

We represented 32 patients from Kentucky and Tennessee, tracking the cases through the courts for more than five years. Even as NECC filed bankruptcy and the clinic that administered the injections in Tennessee closed down, we still gained settlements for our clients.

It was an incredibly complicated case, but for our team, it was all in a day’s (or a few year’s) work.

Continue reading

Published on:

By Kurt Maier, Partner
English, Lucas, Priest and Owsley LLP

amusement park Who hasn’t enjoyed a great ride at an amusement park in the summer months? It’s a staple of summer fun and entertainment for children, teens and adults. Your trip to an amusement park should be free of worry about accidents and injuries, but it’s becoming all too common to see serious injuries inflicted because of careless operation of amusement park rides.

There certainly are well-maintained amusement parks, and there are also those that are not. You probably won’t be able to tell which one you’ve chosen by looking at them.

Kentucky amusement parks have certainly had cases of serious injuries. The one that almost everyone remembers is the 2007 incident at Six Flags in Louisville (which has since closed). A 16-year-old girl was riding the Superman Tower of Power ride when a cable wrapped around her feet and severed them. The girl’s family sued the park.

At the Louisville Zoo, a small train designed for parents and their children crashed. One man had his leg pinned under the train and had a series of eight surgeries to repair the damage. He had missed 18 months of work at the time of the lawsuit. A small child had disfiguring face injuries, and many others were injured in other ways. The claims were eventually settled.

Continue reading

Published on:

By Bob Young, attorney
English, Lucas, Priest and Owsley, LLP

For the last year, cases have been working their way through the courts against Johnson & Johnson and their talc supplier, with plaintiffs who used their baby powder or Shower to Shower powder suing because they were diagnosed with cancer after long-term use of the products.

Last week, a jury handed down a landmark verdict against Johnson & Johnson on behalf of plaintiff Larry Lanzo and his wife. Lanzo had used Shower to Shower powder and other similar products for nearly 30 years, and developed mesothelioma, a type of lung cancer. Lanzo believes the disease came from inhaling the product during the past three decades of use.

The court ruled Johnson & Johnson must pay $117 million in damages, with $30 million of that going to Lanzo, and $7 million to his wife. The rest of the money – $80 million – will be paid in punitive damages.

Johnson & Johnson issued a statement saying it does not believe there is a link between its powder and mesothelioma.

Continue reading

Published on:

By Kyle Roby, Partner
English, Lucas, Priest and Owsley, LLP

Chances are, we’ve all been stopped on a road by a person holding a brightly colored flag as roadwork commenced in front of us. It’s so common it’s unremarkable, and expected whenever there is construction on roads (which seems like most of the year in Kentucky).

In a recent case we handled in Edmondson County, a stopped truck didn’t have a spotter or flagger directing traffic around a cement truck blocking the roadway, and it nearly resulted in the death of our client. The general contractor did not have temporary traffic control devises in place and the concrete truck company did not train its drivers on what to do when the required devices are not present.

Continue reading

Published on:

By J.A. Sowell, Attorney
English, Lucas, Priest and Owsley, LLP

Snow is beautiful when you’re tucked inside with hot chocolate and have nowhere to go. But that’s not the case for most of us. You may have a doctor’s appointment, work duties or errands to run that demand you leave the house before the snow is gone.

In most cases, businesses do a nice job of getting out and clearing snow and ice from sidewalks and steps to keep their own employees and customers safe. You might wonder what your own duties are at home or at your business. Are you required to clean your sidewalks? What about your steps?

Continue reading

Published on:

By Kyle Roby, Partner
English, Lucas, Priest and Owsley, LLP

commercial vehicle accidents Kentucky

Roads throughout Kentucky, but particularly in our area, are snow-covered, ice-packed and impassable at places today. Many work places, including our own, closed today so our employees can stay home and be safe.

While we have that option, not everyone exercises that much caution when dealing with hazardous weather. It’s somewhat understandable. Some businesses, such as hospitals, don’t ever close for any reason.

There are also some people who think the rules don’t apply to them, and they don’t exercise due caution, and that is much more concerning.

Today, we are hearing news reports of a multi-vehicle accident on Interstate 65 in Hart County. Police scanner traffic indicates the accident involves a Greyhound bus, two commercial vehicles and two passenger vehicles. I follow Joe Imel on Twitter (who doesn’t?) and he gave out details as he heard them, as well as posted a Kentucky State Police report on the accident.

Continue reading