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appeal

05.24.2017

ELPO wins major victory in Court of Appeals in car accident case

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP Would you consider an ATV – an all-terrain vehicle – a motor vehicle? Kentucky law and some insurance companies do not – and that’s what the case we recently won for a client concluded, to the client’s benefit. The client, Thomas Robertson, was driving an ATV on a public roadway in Metcalfe County. Stacy Morgan was driving a vehicle on the same road, and as she attempted to pass Robertson, he turned left, and she collided with his ATV. Both were injured in the accident. Robertson did not have insurance, but Morgan did. Robertson, driving the ATV, sought Basic Reparations Benefits (BRBs) from the insurance company that insured Morgan’s vehicle. Under the terms of Morgan’s insurance, Robertson was considered to be a pedestrian, and pedestrians are entitled to basic reparations benefits. Read More

04.20.2017

Kentucky Appellate Court affirms verdict in scooter accident case

Most personal injury lawsuits settle out of court, but some do proceed to trial. Most often, this happens because the parties disagree as to who was at fault, the amount of damages to which the plaintiff is entitled, or both. When one party is displeased with the jury's decision, he or she has the right to appeal the trial court's entry of judgment on the verdict to a higher court. However, much deference is afforded to the jury's verdict, and the burden is on the appealing party to convince the appellate court that a legally reversible error was made in the lower court. Read More