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lawsuit

01.15.2020

What Happens If You Are in an Accident While Riding in an Uber?

By Kyle Roby, Partner Kyle Roby Most of us use the ride sharing service Uber when we need a ride because our car is in the shop or we are planning an evening out on the town. When you call for an Uber, the last thing on your mind is… Read More

10.02.2019

Use of Juul Smoking Device Associated with Adverse Health Effects

Bob Young By Bob Young On September 9, 2019, the Food and Drug Administration issued a stern warning to Juul Labs. The FDA sent 2 letters to the e-cigarette manufacturer stating that it was troubled by Juul’s marketing and outreach practices. The agency cited a testimony from a July congressional hearing… Read More

10.19.2018

Sometimes going to trial is your best option (Part 2)

By Aaron Smith, Partner English, Lucas, Priest and Owsley, LLP Just a few short weeks ago, attorneys Buzz English and J.A. Sowell from our firm took a case to trial because our client felt it was the best option, and we concurred. In that case, we were defending a truck driver and the company he worked for against a lawsuit filed by a pedestrian he struck at night while driving. Our observation from that case is that sometimes it is best to go to trial --- and we had that lesson reinforced for us and our clients again this week in Simpson Circuit Court. Read More

10.04.2018

Sometimes, Trial IS the Best Option

By Buzz English, Partner English, Lucas, Priest and Owsley, LLP Buzz English In the modern-day legal system, it is becoming increasingly rare to take a case to a jury trial. But sometimes it is the best course, especially if you believe you are in the right. In September, I was in Wayne County Circuit Court in Monticello, Kentucky, trying a case filed by a pedestrian who had been struck by my client, Beja Environmental’s driver, John Magazzeni. Attorney J.A. Sowell, also with ELPO, joined me in representing Magazzeni and Beja at trial. The Plaintiff Plaintiff, a 68-year-old woman, walked across a bypass road, just past a lighted intersection and Magazzeni collided with her.  Obviously, the accident caused serious injuries, and Plaintiff was life-flighted to the University of Kentucky’s hospital, where she remained for months.  Prior to trial, she claimed Magazzeni ran a red light and hit her.  At trial, now 72 and assisted by a walker, she claimed she was standing on the median when Magazzeni hit her. Read More

04.17.2018

Another Johnson and Johnson talcum powder case returns verdict for plaintiff

By Bob Young, attorney English, Lucas, Priest and Owsley, LLP For the last year, cases have been working their way through the courts against Johnson & Johnson and their talc supplier, with plaintiffs who used their baby powder or Shower to Shower powder suing because they were diagnosed with cancer after long-term use of the products. Last week, a jury handed down a landmark verdict against Johnson & Johnson on behalf of plaintiff Larry Lanzo and his wife. Lanzo had used Shower to Shower powder and other similar products for nearly 30 years, and developed mesothelioma, a type of lung cancer. Lanzo believes the disease came from inhaling the product during the past three decades of use. The court ruled Johnson & Johnson must pay $117 million in damages, with $30 million of that going to Lanzo, and $7 million to his wife. The rest of the money - $80 million – will be paid in punitive damages. Johnson & Johnson issued a statement saying it does not believe there is a link between its powder and mesothelioma. Read More

12.07.2017

Tennessee Supreme Court upholds the Collateral Source Rule in personal injury cases

By Kyle Roby English, Lucas, Priest and OwsleyWhen you are injured in an accident, you may sue to recover the costs of reasonable and necessary medical treatment following the incident. How do you determine what those costs are and the reasonableness of them? Is it the medical bill itself? Is it what your health insurance paid? Is the other side entitled to a credit or set-off if the cost of your medical bills are reduced by insurance payments or the hospital charges a different rate for your health insurance? These are some of the questions you may have when trying to determine what is the reasonable cost of medical treatment in a personal injury case. In most states, Courts will follow what is known as the collateral source rule. The collateral source rule is a rule of evidence that prohibits the admission of evidence that the plaintiff or victim has received compensation form other than the damages sought against the defendant. Typical examples of a collateral source are medical bills paid by health insurance or payments made by workers compensation. Recently, the Tennessee Supreme Court was faced with the question of what was the reasonable cost for medical services in personal injury cases. This case, Dedmon vs. Steelman, is an important win for Tennessee patients and personal injury victims. The Tennessee Supreme Court heard the case in April and issued a ruling on November 17, 2017. Read More

11.07.2017

Kentucky Appeals Court Dismisses Public Street Injury Claim Based on Insufficiency of Notice to City

Filing a personal injury lawsuit against a city can be very tricky. If certain rigid procedural requirements are not met, a plaintiff’s case can be dismissed even if a city was clearly negligent. This is one of many reasons why it is best to consult an attorney as soon as… Read More

10.19.2017

Appeals Court Reverses Dismissal in Tennessee Car Accident Case

Most of the time, the plaintiff in a lawsuit arising from a motor vehicle accident is either a person who has been hurt in a crash or a family who has lost a loved one in a fatal traffic accident. Sometimes, however, the plaintiff is an insurance company that has paid out benefits to an insured - typically for property damage or medical benefits - and is seeking repayment from the person whose negligence caused the crash. Both individuals and insurance companies must follow procedural rules, including filing a claim within the statute of limitations and pursing resolution of the lawsuit in a timely fashion. Read More

09.12.2017

Tennessee Court Affirms in Part, Reverses in Car Wreck Case

When a person is injured due to the negligence of another party, the injured person is entitled to pursue fair compensation for his or her injuries. In determining the amount due to a Tennessee car accident claimant, the court may consider the victim's past and future medical expenses, lost wages, pain and suffering, loss of ability to enjoy life, permanent impairment, and other factors. If the case is tried to a jury, the jury members make this determination. If the trial court judge hears the case without a jury, he or she makes the determination. Either way, if one party or the other is aggrieved by the amount of damages awarded by the trial court, there is the possibility of having an appellate court review the award. Read More

07.25.2017

Horse riding injury case remanded back to lower court for trial

Those who lack familiarity with the inner workings of the civil justice system may be under the impression that a lawsuit is either settled or it goes to trial in front of a jury. However, the fact is that not everyone who files suit gets their day in court, so to speak. Many cases are decided by a judge via a process known as summary judgment. When a judge grants summary judgment, he or she is essentially saying that, even if the plaintiff is given the benefit of the doubt as to questionable evidence, the law will not allow him or her to be successful at trial. Usually, summary judgment terminates a civil case. However, a party against whom such an order is entered may appeal the trial judge's decision, and the court of appeals could see things differently. Read More