270.781.6500

Blog

03.15.2016

Commercial insurance company not obligated to pay family of child injured in accident

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP The reported cases decided by the appellate courts sometimes come in batches of cases involving similar issues. Since a criminal case questioning the applicability of the death penalty, for example, involves an entirely different set of issues, research, and analysis than does a tort case arguing about liability in a medical malpractice lawsuit, there is judicial economy when the courts decide similar cases during the same time period. Lately, it seems the courts have been faced with a number of cases involving whether or not a given situation is covered under a particular insurance policy. In the recent case of Auto-Owners Insurance Company v. Holland, the Court of Appeals of Tennessee at Nashville was called upon to decide whether a commercial general liability insurance policy provided coverage in an accident in which a child was injured by the gate of a trailer that an insured used to transport lawn care equipment. Read More

03.08.2016

House Sitter Was Not Covered Under Family’s Automobile Liability Insurance Policy

If someone asked you about your insurance coverage, what would you say? Many people would simply reply, "Yes, I have coverage," or "No, I don't have any right now." Those in the "Yes" contingent would probably consider the matter settled, not giving any thought to exactly what "having insurance" actually means. How much liability coverage do you have? Is your uninsured/underinsured motorist coverage the same amount as your liability coverage? Who exactly is covered under your policy? Under which circumstances? A Tennessee family was faced with these and other questions when their house sitter (whom they described as a "close family friend") used their vehicle to go pick up a friend and was involved in a fatal accident on the way back. Read More

03.01.2016

Adding defendants to tractor-trailer accident lawsuit barred by Tennessee statute of limitations

In lawsuits involving motor vehicle accidents, it is not unusual for there to be multiple defendants. Sometimes, this is because two or more drivers' negligence may have contributed to the accident. It can also happen when a driver was on the job at the time of the accident. In this tractor-trailer accident case, just getting to the heart of who was responsible was difficult. Under the doctrine of respondeat superior, an employer can be held liable for the tortious acts of a servant, agent or employee. This includes negligent driving. Discovering all of the possible defendants in a case can be a complex endeavor that may take some time. This is one of the reasons that it is best to contact an attorney as soon as possible after an accident. Read More

03.01.2016

Small businesses have a big task in deciphering IRS requirements for health care act

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP If you own a small business, offering health insurance to your employees is likely one of your biggest headaches. There are an incredible number of options for health insurance, including the use of health savings accounts. Some small businesses have never offered it for those reasons, and because the costs of it can send a company’s expenses through the roof. It’s understandable – and until recently, it was entirely legal. Employees could go elsewhere for insurance, such as through a spouse’s work or purchase it privately. But the Affordable Care Act changed all of that. The Act mandates that businesses offer health insurance to employees and their dependents. The rules were phased in over time (but they’re here now), and it’s only for those businesses that hit certain thresholds. An excellent Associated Press article recently outlined all of the thorny problems for small businesses. You can read that here. Read More

02.18.2016

Guilty Plea in Criminal Court applies to Kentucky fatal car accident case

By Kyle Roby, attorney English, Lucas, Priest and Owsley, LLP Even car accident cases that seem simple in the beginning can grow complicated very quickly. In a recent Kentucky fatal car accident case, who was driving the car at the time of the accident was the legal question. The alleged operator of a car involved in a fatal collision accused his passenger of being behind the wheel, even after the operator had pled guilty to manslaughter in criminal court. It was up to the trial court - and the court of appeals, on review - to decide whether the issue was to be resolved by judicial admission or by the jury at trial. Read More

02.16.2016

Food and Drug Administration Tracks Recalls and Safety Alerts Regarding Potentially Dangerous Products

 According to the Centers for Disease Control and Prevention, about half of all Americans take at least one prescription medication. Many also take over-the-counter medications - such as pain relievers, vitamins, and antihistamines - on a regular basis. It is, therefore, very important that pharmaceutical products be carefully monitored. Patients who are harmed by unreasonably dangerous or defective medications may be able to obtain compensation for their injuries via a product liability lawsuit. Such suits often allege multiple theories of liability, including negligence, strict liability, failure to warn, and breach of warranty. The United States Food and Drug Administration (FDA) is the federal agency charged with protecting and promoting the health of Americans through the regulation and supervision of prescription drugs, over-the-counter medications, dietary supplements, and related products. Read More

02.11.2016

Sudden wealth is a dream come true if you’re discrete

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley We all would love a nice windfall of unexpected money. Whether that’s winning the lottery, receiving an inheritance or taking home a fat prize from a TV quiz show, it’s nice to think about what we might do with sudden wealth that we didn’t really do much to earn, and comes in a large lump sum. In the case of lottery or quiz show winners, the first thing you want to do is tell everyone because you are excited. But that’s a mistake – a big one. When people know that you have an unexpected amount of cash coming your way, people you haven’t heard from in years will ask you for money. Also expect that your everyday friends may ask for money – and it may surprise you who makes that ask. Then comes the charities and those who represent those organizations. Read More

01.28.2016

Big rig accidents more prevalent on slick roads

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP This winter’s weather challenged everyone who was out driving in it, but especially those driving tractor-trailers. Some big rig accidents occurred during last week’s heavy snow, no doubt, as trucks weigh several tons and are hard to stop even during ideal driving conditions. The best thing to do during bad weather is stay home, of course, but not everyone has that option. If you’re called into work on a day when it is snowing, your bosses are expecting you to report for duty. Those who work in hospitals, emergency responders and city government officials have no choice. It’s their duty to take care of the rest of us – and we’re certainly all grateful for that. While truck drivers are limited in how far and how long they can drive in a day by rules created and enforced by the Federal Motor Carrier Safety Administration, the government agency has rules and regulations as it relates to adverse driving conditions. Adverse conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun. Read More

01.21.2016

New federal truck rules require electronic logs for drivers

By Kyle Roby, Attorney English, Lucas, Priest and Owsley, LLP One of the most commonly ignored truck rules is the requirement to keep records of how long truckers have been behind the wheel on a given day. Federal law requires truckers to rest for a certain amount of time, for safety reasons, and to keep a log of where they traveled and how long they were gone. Those truck rules have been in effect since 1938 – nearly 80 years. Those rules are pretty easy for truckers and the companies they work for to bend, though. They can easily write down whatever they want, if they’re not honest, or keep two sets of log books, one that’s accurate and one that’s only to show if asked by authorities. We've written about this issue before on our blog. See our July 23, 2015 post on this same topic. Read More

01.19.2016

Federal Court of Appeals affirms $525,000 verdict against retail store in Tennessee in slip and fall injury suit

By Kurt Maier, Attorney English, Lucas, Priest and Owsley, LLP The basic components of a negligence case are duty, breach of duty, causation, and damages. In slip and fall injury cases, called premises liability cases in legal terms, an injured person must also show that the owner or operator of the premises either caused the hazardous condition that led to his or her injuries or had constructive notice of. The constructive notice element of proof can be shown in several ways, including proof that the dangerous or defective condition had been in place for a length of time sufficient for the defendant to have become aware of the condition in the exercise of reasonable care. Constructive notice can also be shown through the defendant's recurring conduct or a continuing condition. Of course, each case is unique, and disagreements can certainly arise as to whether a defendant was constructively notified of a particular situation. In some such cases, video surveillance footage can be an important piece of evidence, even if the slip and fall injury in question was not captured on camera. Read More