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Articles Tagged with motor vehicle accidents

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What happens if you’re in a funeral procession an involved in an accident? In a recent Ashland, Kentucky, case, a plaintiff unsuccessfully argued that the funeral home was at fault for the accident. The case is Christian v. Steen Funeral Home.

The accident involved a man who was a passenger in a private car that was participating in a funeral procession. The car he was in collided with another vehicle at an intersection. According to the injured man, the crash occurred because the funeral home that organized the procession failed to clearly mark the vehicles involved in the procession with flags or other markers.

Following the collision, the injured man filed a negligence lawsuit in Lawrence County Circuit Court against both drivers and the funeral home. He also accused the funeral home of negligence per se.

In response, the funeral home filed a motion to dismiss the lawsuit. The funeral home argued that the man failed to state a cause of action, and that the funeral home did not owe him a duty of care under Kentucky Revised Statutes Section 189.378. Under Kentucky law, vehicles involved in a funeral procession do not have to be marked with any sort of special flag or other marking.

The man countered by claiming the funeral home owed him a duty of reasonable care, and the company breached that duty when it failed to require the driver of the vehicle in which he was riding to turn on his headlights or otherwise indicate the vehicle’s participation in the procession.

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The Kentucky Court of Appeals has overturned a lower court’s Order granting summary judgment in a car accident insurance dispute. In Embry v. State Farm Mutual Automobile Insurance Co., two women were involved in a traffic wreck that resulted in injuries. Following the accident, one of the drivers filed a claim for medical and other damages from her automobile insurer. The insurer paid the claim and proceeded to file a lawsuit to recover the money it paid to its insured from the other driver in Jefferson Circuit Court. According to the insurer, the defendant’s negligent actions caused the car crash and all resulting damage.

Although the defendant repeatedly denied responsibility for the collision, the insurer filed a motion for summary judgment with the circuit court. A motion for summary judgment asks a court to rule in favor of one party to a lawsuit without proceeding to trial because no genuine issues of material fact exists for a jury to decide. Normally, a court is required to consider all of the evidence offered prior to the filing of such a motion in favor of the non-moving party.

In its motion, the insurer claimed the defendant caused the crash and asserted that the amount of damages paid to its insured was reasonable. The defendant opposed the insurer’s motion by stating her alleged liability was unclear and the financial compensation sought by the insurer was excessive based upon the severity of the wreck. In addition, the defendant argued that her answers to the insurer’s complaint demonstrated that the facts of the case were disputed. The circuit court granted the insurer’s motion for summary judgment and ruled in favor of the company. After the Jefferson Circuit Court denied the defendant’s motion, she filed an appeal with the Kentucky Court of Appeals.

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