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01.15.2016

Estate documents your heirs need – and where to keep them

By Elizabeth J. McKinney, Attorney English, Lucas, Priest and Owsley, LLP When someone dies, there’s lots to do. It’s not quite as hurried as most think it is, but usually, within a week of the funeral, the heirs are starting the process of handling all of the paperwork that needs to be handled. You can make this all much easier by getting together a packet of information for the executor of your estate and the attorney and professional advisor who has worked with you in making your estate plans. It’s best to start this process long before you think you need to do so, and to let your friends and family know where the documents are. Read More

01.14.2016

Federal Jury Awards Large Verdict to Woman Injured by Defective Hip Implant

When a consumer is injured because of a dangerous product, the consumer has a right to pursue financial compensation for his or her injuries via a product liability lawsuit. There are several types of theories that may be used in product liability cases, depending upon the circumstances. These types of theories include strict product liability, design defect, manufacturing defect, failure to warn, and breach of warranty. Design defects typically affect an entire line of products that were manufactured according to an inherently dangerous design. Manufacturing defects, on the other hand, may involve only a few products that were the subjects of a flaw in the construction or production process. Damages available in a product liability case may include past and future medical expenses, pain and suffering, and lost wages. In some cases, there is also the possibility of punitive damages in cases of particularly egregious conduct by the manufacturer. Read More

01.12.2016

The IRA gift provision is now permanent

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Over the past decade, Congress has passed a law – usually at the last minute – that allows for gifts directly from Individual Retirement Accounts to charitable organizations with favorable tax treatment. The gifts can be up to $100,000 to qualifying organizations, but it has to be made directly to the charity. The IRA gift provision has been a popular way for some to give to their favorite organizations, for two key reasons: The gift counts towards your required minimum distribution from your IRA for the year. As you may know, seniors ages 70.5 and up are required to take a minimum distribution from their IRA each year. The gift is excluded from taxable income. The money won’t be included in your taxable income (as it would otherwise) if the money is paid directly to the qualifying charity. Only those who are 70.5 or older can take advantage of it. Read More

01.12.2016

Federal Court rules insured’s bad faith claim failed under Kentucky Law

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP It often comes as a surprise to those injured in car accidents that dealing with one's own insurance company can be just as vexing and contentious as dealing with the insurance company of the driver whose negligence or recklessness caused the accident. Fortunately, the law does provide some protection for insureds who have to fight with their own insurance company to get that to which they are contractually entitled. However, the threshold for success in such cases is high, and not every case results in a judgment in the insured's favor. Read More

01.08.2016

Liability issues for employees in work-related vehicle accidents

By Kurt Maier, Attorney English, Lucas, Priest and Owsley, LLP Many people drive a company car as part of their work. If you drive often, chances are, at some point, you’ll be involved in some kind of vehicle accident. After you’ve made sure you’re not injured and that everyone else involved is OK, too, one of the first things that might come to mind is whether or not you’ll be liable for the damage caused by the accident. If you’re driving your employer’s vehicle with your employer’s permission, you are not liable in most circumstances for a work-related vehicle accident. I address this very topic in a recent video I created. You can watch it here: Read More

12.22.2015

Tennessee court rules that Texas driver was entitled to coverage under his employer’s uninsured motorist policy

By Kyle Roby, Attorney English, Lucas, Priest and Owsley, LLP Many people assume that making a claim on an uninsured motorist insurance policy is fairly straightforward. After all, the other driver either had insurance or didn't have insurance, right? Unfortunately, uninsured motorist cases can be just as contentious and adversarial as lawsuits that are litigated between injured parties and defendants who have insurance. Not only is the amount to which the injured party is entitled a common source of dispute, but also it is not unusual for there to be a disagreement about whether the uninsured motorist policy covered the accident in question. Read More

12.17.2015

Tennessee Court of Appeals says driver’s comparative fault barred recovery in truck wreck

By Kyle Roby, Attorney English, Lucas, Priest and Owsley, LLP Although the basic law of negligence is the same across the country - namely, that to be successful, the plaintiff must show duty, breach of duty, causation, and damages - there are some nuances of negligence law that are different in various states. Thus, the outcome of a particular case can vary considerably, depending upon the state in which the accident occurred. For instance, under the law of comparative fault, there can be wide variations in the outcome of a suit based on similar circumstances, depending upon the state where the suit is filed. The state of Tennessee follows what is called the "modified system of comparative fault." Beginning with the 1992 case of McIntyre v. Balentine, a plaintiff may recover damages in proportion to a defendant's percentage of fault in an accident, as long as the defendant's fault outweighed any fault by the plaintiff. In cases in which the jury finds the parties to be equally at fault (or finds the plaintiff to be more than 50 percent at fault), the plaintiff recovers nothing. Read More

12.09.2015

Tips for seniors on avoiding competency battles

By Elizabeth J. McKinney, Attorney English, Lucas, Priest and Owsley, LLP As we age, one of our collective greatest fears is that we’ll lose the power to make our own decisions. This happens sometimes because our faculties begin to betray us. The things that once seemed simple – such as keeping up with a checkbook and paying bills – are more challenging. Physical limitations, such as loss of sight, diminished hearing and failing handwriting, can contribute to those challenges and call into question our mental competency. Many people have children or a spouse ready or willing to step in. But that may also feed our fear – that as those other people come into the scene to help handle routine tasks, they’ll do things without our knowledge or consent, and that we’ll lose control of our money, our homes and even healthcare decisions. Read More

11.30.2015

Kentucky Supreme Court holds that comparative fault doctrine applies to slip and fall case

By Jessica Surber, Attorney English, Lucas, Priest and Owsley, LLP Sometimes, a single individual, business, or governmental entity is clearly to blame for negligently inflicting harm on an accident victim. But there are also times when the injured person must share in the blame for what happened. When more than one party bears the responsibility for an accident, fault is determined under the principles of comparative fault, such that an injured party's settlement or judgment is reduced in proportion to his or her level of fault. Recently, in the case of Carter v. Bullitt Host, LLC, the Kentucky Supreme Court addressed whether the doctrine of comparative fault was also applicable in premises liability cases involving the allegedly "open and obvious" hazards of snow and ice that caused a slip and fall injury. Read More

11.27.2015

Tax moves to make by the end of 2015

By Nathan Vinson Attorney, English, Lucas, Priest and Owsley, LLP We’re about five weeks out from January 1, 2016. Yes, really. That means if there are financial moves you intended to make this year to save on your 2015 tax bill, you need to get going. I’ve outlined here a brief checklist to get you started. Read More