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08.18.2016

Kentucky Court finds no duty of care was owed to family involved in fatal drunk driving accident

The obvious defendant in a motor vehicle accident case is the person whose negligent driving caused the wreck. However, for a variety of reasons, it is possible that other defendants may be named in some lawsuits. In a fatal drunk driving accident, the plaintiff may want to sue those besides the driver who the plaintiff believes is partially responsible for the state of intoxication the driver was in. It is usually to the plaintiff's advantage to name as many potential defendants as possible in order to increase the chances of a settlement or judgment, especially if some defendants may be be uninsured, underinsured, or immune from suit. Read More

08.17.2016

Employers should protect employees from Zika exposure

Employers should protect employees from Zika exposure Read More

08.16.2016

Changes to Kentucky tax law underway

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Most of us want to do the right thing when it comes to taxes. MOST of us. Or, perhaps we just don’t look good in orange. If we legitimately owe taxes on our income or an inheritance, we understand we have to pay. This is part of being an adult. (The boring, terrible part.) But it’s not as simple as writing a check to pay an invoice. Taxpayers, especially in Kentucky, are left to decipher the state’s tax laws and decide if it applies to their situation. More often than not, Kentucky tax laws are not black and white. Read More

08.04.2016

Tripping accident lawsuit thwarted by release written into membership application

Property owners and business operators owe certain duties to those who come onto their premises for a business or social purpose. A breach of this duty can potentially result in a finding of liability against the landowner and an award of damages in favor of an injured party. This is most commonly referred to as a "slip and fall" case, in which someone is injured because of property that isn't maintained, such as a cracked sidewalk or other similar issue. For this reason, it is increasingly common for would-be defendants to ask for a waiver of liability from those with whom they do business. It is up to the courts to determine whether such waivers are valid under the facts of an individual case. Read More

08.02.2016

Kentucky court rules driver had no duty to sound horn to prevent pedestrian accident

Lawsuits arising from negligent operation of a motor vehicle typically involve two drivers, each driving his or her own vehicle. Passengers in one or both vehicles may also be parties to the suit if they were injured in the collision. Sometimes, the case involves a pedestrian accident. Regardless of whether the person seeking to recover compensation following an automobile accident is a motorist, a passenger, or a pedestrian, the plaintiff has the burden of proving that the defendant was negligent. This means that he or she failed to act in a prudent manner, causing harm to the plaintiff. Read More

07.28.2016

Getting ready for 2017 tax time

By Nathan Vinson, attorney English, Lucas, Priest and Owsley, LLP This time of year is nice, isn’t it? It’s warm and pleasant out, and maybe a little bit more laid back at work. Tax time is behind you (yes!) and it’s not time to think about next year’s taxes. OR IS IT? Well, we hate to break it to you, but yeah, it is time to think about it NOW. It’s July. More than half of the year is gone. If you haven’t set up a good filing system for your receipts and other tax-related information, you need to – and soon. If you’ve got a giant pile of paperwork and receipts, hey, you’re not alone – but don’t let this linger. Read More

07.21.2016

Drug company slammed with $70 million judgment in Risperdal drug injury case

  Earlier this month, a jury in Pennsylvania delivered the largest verdict yet against the maker of Risperdal, an antipsychotic medication. A jury awarded a family $70 million as compensation for devastating drug side effects suffered by their son. According to media reports, this is the fifth such lawsuit… Read More

07.19.2016

Insured’s Claim for UIM in Kentucky Denied Despite 30-Year Misunderstanding About Coverage

Do you know how much uninsured motorist coverage you have, or whether you have such coverage at all? One man thought that he had such coverage, but, as it turns out, uninsured motorist coverage was not part of his insurance plan with Allstate. In a case that went all the way to the state's highest court, the parties vehemently disagreed about the issue of coverage. Ultimately, the man lost his case in an appellate court opinion issued some 10 years after the automobile accident that led to the dispute. Read More

07.14.2016

Exchange gifted property to avoid a tax hit

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP If you receive a vacation home as a gift, you can exchange it for another property to avoid a big tax hit. Receiving a home or significant piece of property as a gift may sound wonderful. And it is, in nearly every case. But sometimes when you get a piece of property as a gift, it’s not quite what you want, or perhaps it is too much of a burden to handle. You may decide to sell it, or, you may find it more advantageous to do an exchange. That’s a strategy we recommend to clients on occasion to help avoid tax on a second home. That tax is usually at the more advantageous capital gain rate, but nevertheless, it is still tax dollars out of your pocket. I’ll explain how it works. Read More

06.21.2016

Tennessee Court allows estranged husband to bring wrongful death suit but allocates of proceeds to back child support

Depending upon the law of the state in which a person dies, it may be possible for his or her survivors to file a wrongful death lawsuit, a survival action, or both. Typically, state law also dictates who has the right to file suit, the appropriate lawsuit(s), the types of damages that may be sought, and how the proceeds will be divided among the various interested parties. Difficulties sometimes arise in identifying the proper party to bring the suit. When this happens, it is up to the trial court judge to apply the law to the particular facts of the case. If any litigant is dissatisfied with the judge's ruling, he or she may seek relief in the court of appeals, or thereafter the state supreme court. Read More