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Kentucky

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

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

01.12.2016

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

12.17.2015

Congratulations to our staff on many years of service

Congratulations to our staff on many years of service Read More

12.15.2015

ELPO buys toys, coats for holidays for children

ELPO buys toys, coats for holidays for children Read More

12.08.2015

ELPO attorneys, staff ring the bell for The Salvation Army

ELPO attorneys, staff ring the bell for The Salvation Army 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

Practical Considerations after Obergefell v. Hodges: Is a loss of consortium claim available for married, same-sex couples?

When a husband or wife dies or is severely injured as a result of someone’s negligence, the surviving spouse can typically seek damages for past medical expenses, future medical expenses, pain and suffering, lost wages, impairment of earning capacity and what’s called “loss of consortium.” Essentially, loss of consortium is the loss of the loved one’s love, care, services, assistance, and companionship. Loss of consortium seeks to compensate the surviving spouse for the harm endured to the marital relationship. Damages for loss of consortium can be awarded not only in wrongful death cases but also in cases in which a spouse has been severely injured and is unable to provide the love, care, services, assistance, and companionship that the couple enjoyed when both persons were healthy. Damages for loss of consortium are only available to married couples. KRS 411.145 states that “either a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person.” Read More

11.04.2015

LaJuana Wilcher to speak at national water conference

LaJuana Wilcher speaks at national water conference Read More