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04.20.2017

Kentucky Appellate Court affirms verdict in scooter accident case

Most personal injury lawsuits settle out of court, but some do proceed to trial. Most often, this happens because the parties disagree as to who was at fault, the amount of damages to which the plaintiff is entitled, or both. When one party is displeased with the jury's decision, he or she has the right to appeal the trial court's entry of judgment on the verdict to a higher court. However, much deference is afforded to the jury's verdict, and the burden is on the appealing party to convince the appellate court that a legally reversible error was made in the lower court. Read More

04.12.2017

Kentucky Appeals Court affirms verdict in favor of insured in Underinsured Motorist case

If you don't have uninsured or underinsured motorist coverage, you should talk to your insurance agent about purchasing this very important coverage as soon as you can. Such coverage can mean the difference between a fair recovery and financial ruin in the event of a serious accident with a driver who has no insurance or who has only the minimum policy limits. However, should you ever need to actually use your uninsured or underinsured coverage, do not expect your insurance company to be on "your side" of the case. Read More

04.06.2017

Motorcycle accident kills bike owner, injures woman and leads to lawsuit

As one might expect, a large number of motor vehicle and motorcycle accident cases focus on the issues of who was at fault and how much money it will take to fully compensate the injured person (or deceased person's family) for the damages suffered in the collision. Sometimes, however, the issue is not who is at fault but instead whether a particular insurance company is obligated to pay a claim arising from the accident. Such was the case in a recent declaratory judgment action that was reviewed by the Tennessee appellate court. Read More

04.05.2017

Doing good does a business well, too

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP This is that time of year when we all start thinking about taxes – and how to pay less. We’ve often gotten the news from our accountants that perhaps our refunds won’t be as large as we’d like or that we owe. Ugh to both. This is a good time to consider if your business can be more charitably minded, and perhaps help you pare back the tax burden next year. Read More

04.04.2017

Kentucky Court sends gas station fall case back to lower courts

Places of business owe certain duties to visitors. One of those duties is safe and secure surfaces for walking. Spills can cause hazardous conditions, and businesses owe it to their visitors to clean up spills and similar hazardous conditions as soon as possible. When a business or property owner breaches the duty of care that it owes to a visitor, the visitor has a right to seek monetary compensation for medical expenses, lost wages, and pain and suffering caused by the accident. This gas station fall case went to the Kentucky Court of Appeals, which sided with the injured person in the lawsuit. Read More

04.03.2017

Tennessee Court of Appeals finds no evidence to support no damages verdict in car wreck case

Our civil justice system is built on the premise that a jury of disinterested individuals is in the best position to determine matters such as the credibility of witnesses and the amount of money that a person injured by another person's negligence should receive in compensation for medical expenses, lost wages, pain and suffering, and so on. Unfortunately, no system is perfect. Even juries sometimes get it wrong. When that happens, it is the trial judge's job to grant a new trial so that justice may prevail. Read More

03.23.2017

Tennessee product liability lawsuit dismissed due to missed deadline

If you believe that you have a claim for personal injuries or for a loved one's wrongful death, you should speak to an attorney about your case as soon as possible. This is because there is a limited time for filing both injury and death cases. This Tennessee product liability lawsuit case is a reminder that the statute of limitations isn't flexible. The statute of limitations prescribes the exact time period for bringing a claim, such as a negligence action arising from a motor vehicle collision, an act of medical malpractice, or an injury from a defective product. There may also be an applicable statute of repose that places additional constraints on the time for filing suit, based on factors such as, for example, the date an allegedly defective product was manufactured. Read More

03.22.2017

Son who moved out of Kentucky parents’ home not a “resident relative” for underinsured motorist insurance purposes

Many people think of "car insurance" as something you either have or don't have. When a claim arises, these folks can be very surprised to learn that there are a multitude of issues outside of parties simply being insured or uninsured. This is because, at its essence, an insurance policy is a contract that has many different terms, provisions, and exclusions. So it is very important to understand exactly what is - and is not - covered under one's policy. As a recent case illustrates, it is also important to discuss your policy with your insurance agent regularly, especially if your household situation changes. Read More

03.07.2017

Kentucky Supreme Court rules against plaintiff in lawsuit against insurance company

Insurance companies have certain duties not only to their insureds but also to those who file legitimate claims against those who they insure. A company's failure to uphold these duties can result in a finding of liability under Kentucky's bad-faith laws, but the claimant has the burden of proving his or her case by a preponderance of the evidence. This is not always an easy task, since there those involved may not agree about who is at fault or the amount of damages to which the claimant is entitled. Read More

03.03.2017

Kentucky trucking accident insurance case unusually complicated

Lawsuits arising from 18-wheeler accidents can be very complex. One reason for this is that the tractor and trailer may be owned by or insured by different entities. This greatly complicates the path to recovery of a fair settlement or judgment for a person injured in a semi-truck wreck. In a recent case, a rather unique issue arose. The owner of a certain tractor-trailer requested liability insurance on both the tractor and the trailer, but the insurance agent accidentally left the tractor off of the list of the trucking company's vehicles when she sent the application to the insurance company. Read More