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02.24.2017

New lawsuits in process against maker of Roundup

If you are suffering from non-Hodgkin lymphoma, a type of cancer, and you have been exposed to Roundup, you may need legal help. A recent scientific study labeled glyphosate, the main ingredient in Roundup, a class 2A carcinogen. Glyphosate may be linked to cases of non-Hodgkin lymphoma. Those who have this disease need to know that lawsuits are underway against Monsanto, the manufacturer of Roundup. If you have been exposed to Roundup, either as a consumer, a farmer or landscape worker, it is important to know your rights, and to act quickly. The statute of limitations, which restricts how long you have to file a lawsuit, may apply. It is important to begin research soon to see if you should be represented by counsel. Read More

02.14.2017

Tennessee Supreme Court holds that rental car was Uninsured Motor Vehicle

In a pedestrian accident involving a motor vehicle, most people would assume that the pedestrian's medical expenses and other damages would be paid by the driver's insurance carrier. If for some reason that did not happen, most would assume the injured person's own uninsured motorist insurance would honor its contractual obligation and pay the medical claim. Unfortunately, those assumptions proved to be wrong in a case arising from an incident that occurred in 2012. Instead, the injured man had to file a lawsuit and take his case all the way to the state supreme court in order to obtain relief under uninsured motor vehicle provisions in his insurance. Read More

02.07.2017

Estate should pay decedent’s debt – not survivors

By Nathan Vinson, attorney English, Lucas, Priest and Owsley, LLP When a spouse, parent or child passes away, it’s incredibly difficult to handle. Beyond your own grief, planning the funeral and handling a thousand different tasks, you may receive calls or letters from creditors who try to convince you that you should pay the debt of the person who died. In one recent case, a widow received a collection letter from an agency that specializes in collecting debt for creditors of deceased people. The estate had been closed for about a year. She didn’t owe that debt, but the collection agency tried to convince her that she did. Collecting decedent debts By law, you don’t owe a debt for someone who died (unless, of course, you owed the debt jointly with the decedent or as a guarantor). Once the person passes away and the proper steps have been taken to handle the probate estate, the opportunity for a creditor to collect unsecured debt is gone. Credit agencies, especially the less reputable ones, may use all manner of intimidation and even threats to get people to pay debts. These calls can be troubling and confusing for people, especially those who are older or who don’t know the law. It’s important to understand how debt is collected to protect yourself and the people you love. Read More

02.07.2017

Truck accident case brings settlement for client

Attorney Kyle Roby Attorney and partner Kyle Roby recently settled a truck accident case for $850,000 on behalf of a Kentucky client. We have posted about this case on our main firm web site, and are sharing with our audience here as well. Here is a summary of the case. Read More

01.17.2017

2016 tax exemptions numbers you’ll need to do your taxes

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Photograph 047 by Lauren Mancke found on minimography.com Each year, the IRS sets dollar amounts for specific types of exemptions. Usually, these don’t change much - $100 here, $50 here, etc. You’ll need these numbers as you do your taxes this year. The personal exemption amount for 2016 taxes is $6,300 for an individual or for a married couple filing separately (so that’s per person). As you’d expect, married filing jointly is twice that at $12,600. Head of households can claim $9,300, and surviving spouse $12,600. For anyone who takes the standard deduction and doesn’t itemize, that is the amount you’ll claim. However, the exemption is subject to a phase-out that begins with adjusted gross incomes of $259,400 ($311,300 for married couples filing jointly). It phases out completely at $381,900 ($433,800 for married couples filing jointly.) Forbes published an extensive piece that goes into more detail, including tax tables, which you can read here. Read More

01.13.2017

Tennessee Court of Appeals affirms dismissal of plaintiff’s motor vehicle accident case

Since 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. Read More

01.11.2017

Negligence standard, not strict liability, applies in Kentucky dog bite case

There is no question that some dogs are more dangerous than others, or that almost any dog is capable of an attack under the right circumstances. What responsibility should the owner of a dog with dangerous propensities - or the owner of any dog, for that matter - have toward the general public? A Kentucky appellate court addressed this issue recently in a case in which a woman was severely injured by a pack of dogs during a hunting trip. Read More

01.10.2017

Adoption tax credit is available for families

If you’ve adopted a child recently or plan to adopt a child soon, congratulations! We help families adopt as part of our family law practice. Expanding your family through adoption is joyful, and we’re thrilled to be a part of it. Adoptive parents may have some tax advantages that could help now that it is time to start preparing 2016 taxes. One big advantage is the federal adoption tax credit, which allows many adoptive parents to receive a credit to recover some of the costs of adoption. One note, though: the tax credits are not extended to step-parents adopting the child of their spouse. The tax credits are only available if you are adopting a child under the age of 18 or a child who is physically or mentally unable to care for himself or herself. Read More

01.05.2017

Kentucky Court reverses Summary Judgment to defendants in grocery store fall case

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. Read More

01.04.2017

Collision coverage not available for insured in unlicensed driver accident

Most people who own an automobile know that it is important to obtain a copy of the insurance policy. However, many consumers do not fully understand all of the different options that may be available to them, much less the many limitations and exclusions contained in a typical policy. When an accident happens, a misinformed consumer can be extremely surprised and disappointed to find out what exactly is and, perhaps more importantly, is not covered, especially after years of faithfully paying monthly premiums to the insurance company. As the plaintiff in a recent insurance dispute lawsuit found out, just a few words in an insurance policy can make a tremendous difference in the insurance company's responsibility to pay out certain benefits in the event of an accident. Read More