Diversity pipeline project enters second year

Diversity pipeline project enters second year Read More


Jessica Shoulders attends national American Association for Justice meeting

Jessica Shoulders attends national American Association for Justice meeting Read More


Bob Young, Aaron Smith attend ABA TECHSHOW

Bob Young, Aaron Smith attend ABA TECHSHOW Read More


Kentucky trucking accident insurance case unusually complicated

Lawsuits arising from 18-wheeler accidents can be very complex. One reason for this is that the tractor and trailer may be owned by or insured by different entities. This greatly complicates the path to recovery of a fair settlement or judgment for a person injured in a semi-truck wreck. In a recent case, a rather unique issue arose. The owner of a certain tractor-trailer requested liability insurance on both the tractor and the trailer, but the insurance agent accidentally left the tractor off of the list of the trucking company's vehicles when she sent the application to the insurance company. Read More


Defendant in Tennessee car accident case had the right to introduce photographs

By Kyle Roby, Attorney English, Lucas, Priest and Owsley, LLP Car accidents, truck wrecks, and other motor vehicle crashes fall under the general law of negligence. In order to prove a negligence case, a plaintiff has to prove four separate elements:  duty, breach of duty, causation, and damages. Each element must be proven by a preponderance of the evidence, which is when the jury finds that the plaintiff's version of the facts is more likely true than not. It does not require the injured person to prove beyond a reasonable doubt these elements, as in the criminal justice system, but rather only that it is more likely than not that there was a breach in a duty owed to the injured person that caused damages. Once the plaintiff has presented his or her case at trial, and the judge has determined that he or she has made a prima facie case of negligence, the defendant has the right to offer evidence that contradicts the plaintiff's version of the facts or impeaches the plaintiff's testimony. The jury is the ultimate trier of fact, taxed with the duty of deciding which witness to believe when the testimony is conflicting. Read More


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


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


$2.5 Million Punitive Damages Award Vacated in Kentucky Product Liability Case

By Jessica Surber, Attorney English, Lucas, Priest and Owsley, LLP When a person is injured because of a defective or unreasonably dangerous product, he or she may be entitled to damages such as payment of medical expenses, reimbursement of lost wages, and compensation for pain and suffering. Although it is the exception rather than the rule, there is also the possibility of punitive damages in some cases. In order to qualify for a punitive damages award, a plaintiff must show particularly egregious conduct on the part of the defendant (typically, the manufacturer, distributor, or retail seller of the product). Read More


Kentucky courts implementing e-filing program

Kentucky courts implementing e-filing program Read More


FDA orders drug makers to change labels on Low Testosterone drugs

Earlier this week, the Food and Drug Administration announced it is requiring the manufacturers of low testosterone drugs to change the labels of their products and to conduct further studies about the drugs. The FDA says some studies have indicated there is an increased risk of heart attack, stroke and even death while taking supplemental testosterone, while other studies have not. This has led the FDA to say that more research is needed by the manufacturers of the drugs as well as to require more warning labels on Low Testosterone drugs to better prepare doctors and patients for discussions about taking "Low T" drugs. The FDA specifically called out clinics offering to treat the "signs of aging" in men which are often believed to be linked to gradually decreasing testosterone in the body. While decreasing testosterone may seem to be the culprit of fatigue or other similar problems, there's not been enough research of the side effects of taking Low T drugs simply to fight the signs of aging. The FDA says the drugs should only be used in men who are suffering from low testosterone as a result of "disorders of the testicles, pituitary gland, or brain that cause a condition called hypogonadism." Health care providers should make patients aware of the risk of possible cardiovascular events and even death due to taking testosterone, the FDA says. Read More