Blog

Workers' compensation was designed as a compromise. An injured worker does not have to prove that his or her employer was negligent (as is required in most personal injury cases), but the worker's monetary recovery is typically less than it would be in a negligence case. Whether or not this is a fair trade-off is a controversial subject.The good news for an injured worker is that he or she can receive medical care and payment of temporary and, if applicable, permanent disability benefits, even if he or she cannot show that the employer did anything to cause the injury complained of. The bad news is that, even if the employer was at fault, the payout to the worker remains the same, with no compensation for pain and suffering or loss of consortium to the injured person's spouse.Sometimes, the parties disagree as to whether an injury was sustained during the course and scope of employment. For instance, an employee may be away from the business premises at the time of an accident (such as a car crash) but still arguably engaged in work for the employer. Read More

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLPWe’ve heard more than one report of people getting called by scammers pretending to be the IRS, wanting money for back taxes or claiming that the IRS is going to sue you. Make no mistake: the IRS will not call you.This time of year, as many people are working on tax filings, anticipating returns and otherwise crunching numbers, the IRS is top of mind, and the scammers know it. Read More

Regardless of the merits of a party's complaint, it will never be heard unless the courts find that it was timely filed. Failure to comply with the statute of limitations isn't just a small "technicality." It is a deal breaker when it comes to negligence litigation. A recent underinsured motorist claim case in Kentucky highlighted the importance of hitting deadlines.It can also be a mistake to file suit on the eve of the running of the statute of limitations. As the plaintiff in the case set out below discovered, waiting until shortly before the expiration of the limitations period can be very costly. Read More

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLPThe 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

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

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

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLPIf 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

By Kyle Roby, attorney English, Lucas, Priest and Owsley, LLPEven 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

 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

By Nathan Vinson, Attorney English, Lucas, Priest and OwsleyWe 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