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07.07.2017

Who has duty to enforce big rig size limits on Kentucky’s roads?

Generally, 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. Read More

06.13.2017

Kentucky Court of Appeal Affirms Jury Verdict in Favor of Customer Who Slipped in “Oily Substance” at Mall

Those 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. Read More

06.01.2017

Dying without a will causes legal disputes for Prince

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Prince performing in concert in Louisville, Kentucky. Photo by Bob Young. It’s been more than a year since music legend Prince died unexpectedly at his home in Minnesota. He was actively touring and working at the time of his death on April 21, 2016, at the young age of 57. You’re forgiven if you assumed his estate was long settled, since he died more than a year ago. But it’s not done yet – and may not be for quite a while – due to the fact that he died without a will. It’s astounding to think that someone who is as famous, prosperous and with as many assets as Prince would die without this basic legal document. But as it turns out, he’s no different than anyone else – he probably didn’t want to think about death. Whether you die a famous millionaire or with few assets, if you don't have a Will you can leave a large mess. Heirs you would have never wanted to have your property could get it. Your estate will spend more probating your assets as well, and those who you wished to receive items from your estate may never see them. Prince was a very charitable man, yet none of his millions he had nor future royalties will benefit those he likely would have preferred to benefit. Plus, the estate will shell out much more than anyone would want to pay in estate taxes. Your children and family will be far happier if you take care of this before you die – and there’s no doubt it will bring you piece of mind, too. Read More

05.30.2017

Appeals Court Reverses Judgment in Kentucky personal injury case

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. Read More

05.24.2017

ELPO wins major victory in Court of Appeals in car accident case

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP Would 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. Read More

05.18.2017

Kentucky Supreme Court Revisits Premises Liability Case Dating Back to 2007

Attorneys who routinely handle personal injury cases often tell clients that it can take anywhere from a few months to several years for their case to make its way through the courts or settle. Typically, however, the litigation process does not take anywhere near as long as it did in a case decided in March by the Kentucky's highest court. In that case, a decade passed between the plaintiff's initial injury and the court's decision. One factor that extended the case's time in the courts was a change in the applicable law while the case was pending. Unfortunately for the plaintiffs, the court's decision required their case to, once again, be remanded to the trial court for further proceedings. Read More

05.05.2017

Tennessee Court of Appeals Reverses Summary Judgment in Tractor-Trailer Accident Case

Because of the disproportionate size and weight between commercial trucks and passenger vehicles, people in the smaller vehicles tend to suffer more serious injuries in a tractor-trailer accident. However, as a recent case illustrates, truckers also can be injured - especially when both of the involved vehicles are 18-wheelers. Read More

05.03.2017

Advance Medical Directives: Living Will Directives, DNR orders, and the MOST form

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Most people who have considered making an estate plan or who have already made such a plan, whether simple or complex in nature, are familiar with a living will directive. By Kentucky statute, a living will directive may designate a health care surrogate to make decisions for a person when that person is incapacitated or in a vegetative state. The Living Will Directive may state a person’s wishes regarding life-prolonging treatment, artificially provided nutrition, or donating all or part or all of a person’s body. Living will directives are very common in estate planning. Most people also know what a do-not-resuscitate order is, but in Kentucky, putting one into legal and practical effect appears to be a little tricky. The only direct, standalone authority for mandatory recognition of a do-not-resuscitate order in Kentucky is a statute authorizing a Kentucky Emergency Medical Services Do Not Resuscitate Order. Therefore, an EMS DNR. The statute requires the EMS DNR to be embodied on a standard form approved by the Kentucky Board of Medical Licensure (click here for form). An EMS DNR, however, only applies to EMS personnel in a pre-hospital setting. From the living room floor to the doors of the hospital, the EMS DNR controls. Once you are in the hospital, assuming you made it that far, the EMS DNR has no effect or control. Read More

05.03.2017

Warm weather brings out golf carts – and golf cart accidents

By Bob Young Attorney and Managing Partner English, Lucas, Priest and Owsley, LLP In the past decade, golf carts have become popular for quick, easy and cheap transportation in neighborhoods, especially those near golf courses. Kentucky first allowed golf courses on public roads about 10 years ago. Golf carts are part of a class of vehicles called low speed vehicles. They’re quiet, inexpensive and considered by many to be easy to drive. Best of all, golf carts are usually rechargeable, so no gasoline is required. Unfortunately, though, golf carts have become falsely believed to be safe, and even acceptable for those without a valid driver’s license to operate. Neither of those things are true. By law, golf carts are considered just like any other motor vehicle. You must have a valid driver’s license to operate a golf cart on public roads in Kentucky, and you must adhere to local and state laws that restrict the use of golf carts. Read More

04.26.2017

Kentucky Court of Appeals Dismisses Underinsured Motorist Claim as Untimely

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. Read More