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Articles Tagged with lawsuit

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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

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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.

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

close-up-of-road-300x200Would you consider an ATV – an all-terrain vehicle – a motor vehicle? Kentucky law and some insurance companies do not – and that’s what the case we recently won for a client concluded, to the client’s benefit.

The client, Thomas Robertson, was driving an ATV on a public roadway in Metcalfe County. Stacy Morgan was driving a vehicle on the same road, and as she attempted to pass Robertson, he turned left, and she collided with his ATV.

Both were injured in the accident. Robertson did not have insurance, but Morgan did. Robertson, driving the ATV, sought Basic Reparations Benefits (BRBs) from the insurance company that insured Morgan’s vehicle. Under the terms of Morgan’s insurance, Robertson was considered to be a pedestrian, and pedestrians are entitled to basic reparations benefits.

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iphone calendar in handSince there are so many variables and complexities involved in a motor vehicle accident case, it is always best for those who are injured in car crashes to consult with an attorney as early in the process as possible. Issues such as the statute of limitations, notice requirements, and other matters concerning timeliness must be dealt with promptly.

The courts do not favor those who don’t exercise their rights to sue in a timely manner. Recently, a Tennessee appellate court was called upon to decide whether an insurance company (which stood in for its insured, to which it had paid damages arising from a motor vehicle accident) had forfeited its right to recover from the responsible party because it failed to file their case after the defendant appealed a verdict for the plaintiff to circuit court.

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grocery store aisle

Say the words “slip and fall” and “grocery store,” and a mental image of a shopper sliding across the produce section on a banana peel inevitably comes to mind. It’s so cliché that it’s almost humorous – unless you are a person who broke a bone or herniated a disc in a fall.

The fact is that there are many serious injuries in grocery stores in Kentucky and across the nation each year, many of which could have been avoided had the store fulfilled its duty of care to the customer.

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By Bob Young, attorney

Our firm is representing the estate and family of a Scottsville, Kentucky, nursing home resident who died at the facility at the hands of another resident – a death that we believe was entirely preventable.

We filed suit in the case this week in Allen County Circuit Court on behalf of the estate and the family.

The facts of the case are as follows.

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

defective hip replacementThe verdicts against the manufacturers of defective hip replacement systems continue to pile up – and this latest one was a big hit to Johnson & Johnson, the maker of the DePuy Pinnacle hip replacement system.

The jury issued a $1.04 billion verdict against Johnson & Johnson, reports Bloomberg News, with $30 million earmarked for six plaintiffs jointly suing the company in this case and the rest as a punitive judgement against the company. The case was in U.S. District Court in the Northern District of Texas, Dallas division, where all of the DePuy Pinnacle cases are being handled.

Another case earlier this year saw a $502 million verdict against Johnson & Johnson to resolve five cases from plaintiffs. A judge later cut the verdict to $150 million, Bloomberg reports.

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

file0001532482557 morguefile drummerboyA Missouri jury found in favor of a woman who developed ovarian cancer after long-term use of talcum powder in her genital area, awarding her $70 million in damages in late October.

This is the third large verdict against Johnson and Johnson in 2016, with two other juries handing out $55 million and $72 million verdicts to women or their families who were affected by ovarian cancer after the women’s long-term use of talcum powder products. Johnson and Johnson is the maker of Johnson’s Baby Powder and Shower to Shower, both products containing talc that have been used by women in the genital area for decades. The public recently learned that Johnson and Johnson and other companies knew of this product’s link to ovarian cancer, but continued to market the product as safe for such use.

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A medication error can be deadly. In this case in a Kentucky nursing home, a certified medical technician gave insulin to someone who didn’t need it, and the patient died. Two other patients were injected by this same technician, but they lived through the ordeal.

Most nursing homes and hospitals have protocols for ensuring that patients receive the right medicine. If a patient is still the victim of a medication error, that is an act of negligence or even abuse, and families of that patient can take action.

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Mother and her son looking outDepending upon the law of the state in which a person dies, it may be possible for his or her survivors to file a wrongful death lawsuit, a survival action, or both. Typically, state law also dictates who has the right to file suit, the appropriate lawsuit(s), the types of damages that may be sought, and how the proceeds will be divided among the various interested parties.

Difficulties sometimes arise in identifying the proper party to bring the suit. When this happens, it is up to the trial court judge to apply the law to the particular facts of the case. If any litigant is dissatisfied with the judge’s ruling, he or she may seek relief in the court of appeals, or thereafter the state supreme court.

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