In the early spring of 2021, Jeff Kincaid** was enjoying a nice Saturday afternoon in Kentucky on his motorcycle when he was unexpectedly and violently struck by the driver of an SUV. The SUV was stopped at a sign while waiting to turn left on a four-lane road. Jeff was traveling westbound on the four-lane road when the driver of the SUV negligently pulled out in front of him and crashed into his motorcycle. The severity of the impact caused Jeff to be thrown off the motorcycle. As a result, Jeff suffered a skull fracture, facial fracture, right ankle fracture, and right shoulder fracture with a rotator cuff tear. He was immediately transported to the ER via ambulance and admitted for surgery on his shoulder and treatment of his other injuries.
What is disputed liability and what impact does it have in the state of Kentucky?
By: ELPO Law Attorney J.A. Sowell (jasowell@ELPOLaw.com; 270-781-6500)
Disputed liability is a term used by insurance companies when negotiating bodily injury claims made against their insured after there is an injury resulting from a car wreck. Insurance companies want to limit the amounts of money that they must pay out to injured parties. One way to accomplish this goal is by disputing that their insured is at fault in what occurred.
By Kyle Roby, Partner
If you follow ELPO Law on social media (facebook.com/ELPOLaw; @ELPOLaw) or subscribe to our ELPO eNewsletter (click here to subscribe), you are familiar with articles with tips on how to protect your family with car insurance or what happens if you are involved in an accident involving an Uber driver. For most people who are involved in a car wreck, however, it is either their first accident or they have no idea on what happens next. Here are five things that you need to know after being involved in a car wreck:
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.”
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.
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.
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.
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?
The Kentucky appellate courts seem to have heard more uninsured and underinsured motorist (UM/UIM) insurance cases than usual lately. Perhaps the court has done this intentionally for the sake of judicial economy – the reason being that it is easier to decide cases with similar issues while all of the intricacies of a particular branch of law are still fresh in the court’s mind.
Another reason may be that there are simply more UM/UIM disputes these days than in past years. Kentucky does have mandatory automobile liability insurance requirement, but the minimum required is just $25,000 per person (or $50,000 per accident) for bodily injury claims. Given the rapidly increasing costs of medical care, this coverage is often not enough to fully compensate an accident victim for his or her medical expenses, lost wages, and pain and suffering.
UM/UIM coverage bridges the gap between a defendant’s liability coverage and a plaintiff’s total amount of damages, at least up to the plaintiff’s own policy limits. It is important to note that, just as in other types of personal injury cases, timeliness is very important when it comes to asserting one’s rights under a UM/UIM policy.