Kentucky Injury Law Blog tag:,2012:/1 2012-05-17T15:06:57Z Published By Steven M. Frederick Movable Type 3.33 Indianapolis Woman Charged in Car Accident that Caused Construction Worker’s Death tag:www.kentuckyinjurylawblog.com,2012://1.185 2012-05-17T14:58:48Z 2012-05-17T15:06:57Z On May 8, 2012, a construction worker was hit by a car while he was walking at a repaving project site on East 10th Street in Indianapolis, Indiana. His injuries were critical, and he unfortunately passed away the next morning.... Steve Frederick http://www.kytriallaw.com/ On May 8, 2012, a construction worker was hit by a car while he was walking at a repaving project site on East 10th Street in Indianapolis, Indiana. His injuries were critical, and he unfortunately passed away the next morning.

The victim was doing everything right. He was on the job and was wearing a bright yellow safety vest. But the same cannot be said of the driver that caused the car accident. The 24-year old female was driving drunk and failed at least two sobriety tests administered at the crash scene. This would have been bad enough on its own, but it gets worse. Witnesses say she stopped briefly to check on the man, then got back in her car and drove away. She also had her young daughter in the car with her while she was driving drunk. When police found her, she gave them a false identity for herself and her child. All of this occurred while she should not have been driving at all because her license had been suspended.

All of these actions add up to a long list of charges including not stopping after a fatal accident, driving while intoxicated, driving with a minor in the car while intoxicated, giving a false identity and driving with a suspended license. Most people are familiar with the majority of these charges. But one may be a little more unknown – driving drunk with someone under the age of 18 in the car.

According to Indiana drunk driving laws, having a minor in the car with you while you are driving drunk raises the severity of the charge. A first-time offender may be charged with a misdemeanor and the minimum amount of jail time is five days or 180 hours of community service. If a minor was in the car, the charge is automatically upgraded to a class-D felony, and the minimum jail time jumps to 10 days or 360 hours of community service.

]]> Why the difference? The charges are probably more severe because a minor is less likely to have a choice whether or not to get in a car with a drunk driver. A potential adult passenger can decide for themselves whether or not they want to risk riding with someone who has been using drugs or drinking, but if a child is told to get in the car by the adult they are with, they have to get in the car. This law also exists in Kentucky, but it only covers children who are younger than 12 years old.

While it seems ridiculous that this type of law has to exist to discourage people from driving drunk with children in their cars, obviously it happens. If you have older children who will be traveling with another driver, encourage them to contact you if they think the driver may be unfit to drive. If your child is involved in an accident, contact a Kentucky or Indiana car accident attorney such as Steve Frederick of Frederick, Clay and Adams for help.

Sources:

Construction worker dies after being hit by car on Indianapolis’ Far-Eastside; indystar.com; May 9, 2012


DUI counts filed in crash that injured worker; indystar.com; May 9, 2012


Woman officially charged in connection with death of construction worker; Fox59; May 14, 2012

]]> Indiana Wrongful Death Lawsuit Filed for 12-Year-Old Car Accident Victim tag:www.kentuckyinjurylawblog.com,2012://1.184 2012-05-11T16:14:30Z 2012-05-11T16:20:49Z Teen and pre-teens hanging out at a friend’s house is commonplace on the weekends. Often lacking money to go out, they congregate at a home to visit, play video games, or listen to music. That is probably how the evening... Steve Frederick http://www.kytriallaw.com/ Teen and pre-teens hanging out at a friend’s house is commonplace on the weekends. Often lacking money to go out, they congregate at a home to visit, play video games, or listen to music. That is probably how the evening of December 9, 2011 started for a group of Indiana kids. Unfortunately, a few people made some bad decisions, and the night ended in tragedy.

Somehow, a 14-year-old boy obtained the keys to a car and took a 13-year-old and 12-year-old for a joyride around 1:00 a.m. A combination of inexperienced driving, a slippery road, and perhaps speed caused the driver to lose control of the car. It slid off the road, rolled over, and landed in a deep ditch. The 12-year-old passenger was killed. The driver and other passenger had some broken bones, but no life-threatening injuries. No one in the car was wearing a seatbelt at the time of the crash.

The parents of the deceased victim have filed a wrongful death lawsuit against the driver, both to request damages and to find out what really happened that night. Because the investigation is still open, the victim’s parents do not have access to any police information about the car accident. Their attorney states, “No one really knows the truth. There’s so many different stories about what happened that evening.” Once a lawsuit is filed, witnesses can be called to testify as to how the 14-year-old ended up with the keys to a car and what happened in the moments leading up to the crash.

While no charges have been filed against the driver or the owner of the car, it is possible that both may be charged when the investigation is complete. The driver was operating a car without a valid license, and if speeding was a factor, that could lead to another charge. If it is discovered that the owner of the car knowingly gave the keys to an unlicensed driver, he could be charged with “permitting a violation” under an Indiana state statute.

]]> This case highlights the need for parents to keep talking to their teens about making smart decisions. Because a 17-year-old may have made the bad decision of allowing an under-aged, unlicensed driver take his car for a ride, someone lost his life. Because the 14-year-old decided to drive the car with little or no experience, someone lost his life, and he will have to live with that fact the rest of his life. Because the 13-year-old got in the car with an inexperienced driver, she was injured and witnessed the death of a friend. Because the 12-year-old decided to get in the car with his friends, his life is over. Had they at least decided to wear seatbelts, would that have made a difference? No one may ever know.

What is known is that everyone involved is now grieving and trying to make sense of what happened that night. In a situation like this, it is important to find someone who can put aside the emotions surrounding the event and make rational decisions regarding obtaining information, filing claims, and considering lawsuits if necessary. Kentucky and Indiana personal injury attorney Steve Frederick is experienced in helping families deal with all of the issues involved when a person is injured or a family member is killed in a car accident.

Sources:

South Bend family files wrongful death suit against 14-year-old driver; South Bend Tribune; Mary Kate Malone; April 23, 2012

St. Joseph County fatal crash could lead to charges; WSBT; Denise Bohn; December 12, 2011

]]> Medical Malpractice during Birth can Cause Life-long Cerebral Palsy in Kentucky Infants tag:www.kentuckyinjurylawblog.com,2012://1.183 2012-05-10T15:40:54Z 2012-05-10T15:45:48Z Injuries caused by medical professionals are always tragic because they most likely could have been avoided. When a medical error injures a child, the tragedy increases. Unfortunately, a number of these injuries occur at birth, leaving the infant and the... Steve Frederick http://www.kytriallaw.com/ Injuries caused by medical professionals are always tragic because they most likely could have been avoided. When a medical error injures a child, the tragedy increases. Unfortunately, a number of these injuries occur at birth, leaving the infant and the family to deal with medical issues throughout the child’s life.

In a recent case, a jury realized the seriousness of this type of situation and awarded a child’s family $78 million in a medical malpractice case stemming from problems that started at birth. Three years ago, a woman went to the hospital because of complications with her pregnancy. The obstetrician on duty did an ultrasound and concluded that the baby had died. Almost an hour and a half later, an emergency cesarean section delivery was performed and the baby was alive. Unfortunately, the delay in the birth left the newborn with brain damage. The three-year-old has spastic quadriplegic cerebral palsy.

After hearing the facts of the case from both sides, the jury decided that the hospital, rather than the attending physicians, was at fault. Testimony brought to light the fact that the ultrasound equipment provided to the doctor by the hospital was old and had not been maintained in the last ten years. Also, there was no ultrasound technician available to say the results had been misread because it was a Sunday. Rather, the technician had to be contacted at home and told to come in. It was most likely these two issues that caused the jury to place the blame on the hospital.

The $78 million medical malpractice award seems very large, but it covers a wide range of issues. The child will require a lifetime of special medical care and will most likely never be able to work to support himself. The award also takes into account the pain and suffering the child has endured and will continue to endure. Of the entire amount, $1.5 million was awarded to the child’s mother for her emotional distress. The rest of the award will be used only to pay for the child’s ongoing medical expenses and care.

]]> Known in the medical field as hypoxic ischemic encephalopathy, this condition is caused by the brain being denied oxygen and/or blood, which are vital to its function. Depriving the brain of oxygen or blood can cause permanent damage and often causes cerebral palsy or other developmental delays when it occurs during childbirth. Proper monitoring during a woman’s pregnancy and labor can help doctors determine if the baby is in distress and allow them to take action to protect the infant’s health.

Steve Frederick, a Kentucky personal injury attorney, has experience in helping clients with this emotional situation. If your child suffers from cerebral palsy or another mental impairment that you believe may have been caused at birth, contact Mr. Frederick with any questions you may have. His extensive knowledge and compassion will help you with the difficult task of determining if legal action needs to be taken.

Source:

Pottstown hospital ordered to pay $78.5 million; Philadelphia Business Journal; Blumenthal and George; May 4, 2012

]]> State of Kentucky Found Guilty of Workplace Discrimination tag:www.kentuckyinjurylawblog.com,2012://1.182 2012-05-03T16:07:48Z 2012-05-03T16:11:05Z Workplace discrimination based on sexual orientation is not covered under Title VII of the Civil Rights Act of 1964, which protects workers from discrimination based on other factors such as race, religion and gender. However, certain Kentucky employees may be... Steve Frederick http://www.kytriallaw.com/ Workplace discrimination based on sexual orientation is not covered under Title VII of the Civil Rights Act of 1964, which protects workers from discrimination based on other factors such as race, religion and gender. However, certain Kentucky employees may be protected from sexual orientation discrimination by local ordinances and an executive order.

A few Kentucky areas, including Louisville, Jefferson County, and Covington have passed local ordinances that prohibit anyone from being discriminated against because of their sexual orientation. These ordinances cover discrimination in the workplace as well as housing and public accommodations. The only statewide protection was tested and upheld recently in Louisville, Kentucky.

In 2008, the Governor of Kentucky, Steve Beshear, signed an executive order that prohibits all state agencies from discriminating against current or potential employees because of their sexual orientation. Without this order, Governor Beshear stated “a gay person could be fired simply for being gay. A person should be hired or dismissed on the basis of whether they can do the job. Experience, qualifications, talent and performance are what matter."

This executive order was put to the test when a Kentucky Cabinet for Health and Family Services employee claimed he was terminated in 2009 because he was gay. According to the lawsuit, numerous cabinet employees were abusing email and internet use, but this worker was singled out because of his sexual orientation. The worker’s lawyer showed that he had sent emails that included gay slang, which was the cause for his termination. A female co-worker, on the other hand, had sent emails that included photos of almost completely nude men to other people in the cabinet, but she kept her job.

The cabinet defended this action, saying the decision to fire the male worker was made while he was still in his probationary period, whereas the female worker’s case wasn’t finalized until after she had become a full-time employee. Because of this change in status, she was protected by additional rights given to permanent employees. The fired worker’s lawyer had evidence showing that his case had been purposely rushed through in order to get him fired before he became a permanent employee. This included an email marked “high importance” from his supervisor requesting information immediately “because the state would like to be able to terminate the employee while in his probation period.” This same action was not taken against the female employee who had sent the nude pictures.

]]> The U.S. District Judge that heard the case agreed with the employee that he had been fired because of his sexual orientation. Unfortunately, because the State of Kentucky is protected from having to pay damages of any sort, the wrongfully terminated worker will not receive any financial compensation, but he can ask the judge to have him reinstated in his job at the cabinet. Because he was terminated in 2009, he has since found new employment and is unsure whether or not he will return. In the meantime, he is very satisfied with the verdict.

This case illustrates that employment law is complicated. Some laws cover all workers across the country; some cover those in a certain city or state; still others only cover government workers but not private workers, or vice versa. If you think you have been subjected to discrimination, a hostile work environment, or workplace discrimination, it is important to contact an experienced Kentucky employment law attorney like Steve Frederick to determine what action can be taken.

Sources:

Judge: Firing by state was improper; The Courier-Journal; Andrew Wolfson; May 1, 2012

]]> Parents Awarded over $2 Million in Kentucky Wrongful Death Case tag:www.kentuckyinjurylawblog.com,2012://1.181 2012-05-01T18:10:53Z 2012-05-01T18:17:23Z After four days of opening and closing arguments and testimony, a Kentucky jury took only four hours to determine that a church and its former youth minister were mostly responsible for the death of a 13-year-old boy. His estate was... Steve Frederick http://www.kytriallaw.com/ After four days of opening and closing arguments and testimony, a Kentucky jury took only four hours to determine that a church and its former youth minister were mostly responsible for the death of a 13-year-old boy. His estate was awarded over $2 million. How much of that they receive remains to be seen.

The 13-year-old was killed in 2009 in a single-car accident. The wreck occurred after 10 youths had gone on a camping trip with Derek Coulter, their youth minister from Big Springs Assembly of God. At first Mr. Coulter stated that he was driving with the victim and another passenger in his SUV when he swerved to hit a deer and ran off the road. Later, another teen passenger told authorities that Mr. Coulter had allowed the victim to the driver the SUV, and he caused the accident when he lost control of the vehicle and crossed the road. Mr. Coulter then recanted his initial story, leaving the victim’s loved ones to wonder if anything he told them about that day was true.

The boy’s family filed a wrongful death lawsuit in Kentucky requesting compensation for the death of their son from Mr. Coulter and the church. Church officials denied any responsibility, saying it was not a church function and that Mr. Coulter was not acting as an employee when the car accident occurred because it was his day off. The plaintiff’s attorney argued that the church was liable because every person who attended the camping trip was a church member, Mr. Coulter referred to it as church event during the victim’s funeral, and the kids were told they were not allowed to swear on the trip because it was a church outing. Also, statements showed that Mr. Coulter had allowed several other teens to drive his car in the church parking lot on various occasions, so the church should have known it was occurring and intervened.

The jury agreed with the plaintiff and awarded the estate $2.15 million. Part of this amount will be reduced because the jury found that 20 percent of the fault went to the victim because he knew he shouldn’t have driven the car but did it anyway. Mr. Coulter’s portion, which is about half of it, may never be awarded because he has no way to pay. The church carries insurance of at least $1 million, so the estate should receive at least part of the award, unless the church appeals the decision.

]]> This wrongful death case was very complex because it included multiple defendants and took into consideration what percent of the blame should be placed on the victim. In situations like this, it is important to have an attorney that is knowledgeable and experienced. He or she must be compassionate too, because these cases only come about when someone has lost a loved one, and they often force friends and family members to relive the pain of the loss all over again. Kentucky wrongful death attorney Steve Frederick cares about his clients and works hard to obtain the best results possible on their behalf.

Source:

$2.15 million awarded in fatal crash; The Courier-Journal; Andrew Wolfson; April 27, 2012

]]> Lawyers Have to File Age Discrimination Lawsuits for Themselves Sometimes tag:www.kentuckyinjurylawblog.com,2012://1.180 2012-04-27T17:25:40Z 2012-04-27T17:30:19Z People have differing views on attorneys. Some consider them money-hungry and willing to do anything for a dollar. Others look at them as champions of justice, protecting those who need it. But people seldom think of them as plaintiffs or... Steve Frederick http://www.kytriallaw.com/ People have differing views on attorneys. Some consider them money-hungry and willing to do anything for a dollar. Others look at them as champions of justice, protecting those who need it. But people seldom think of them as plaintiffs or defendants. In a New York case that was recently settled, attorneys were both plaintiffs and defendants. A collections attorney at Kelley Drye & Warren turned 70 in 2008. The firm's policy at the time was to "de-equitize" any partner who decided to work after age 70. That means the attorney would lose all ownership in the firm and would only be paid a yearly bonus for any work done.

The attorney did not think this was fair, so he filed an age discrimination claim with the Equal Employment Opportunity Commission (EEOC). The EEOC protects various groups from discrimination based on religion, gender, race, origin and age. The attorney then filed a retaliation claim because his annual bonus dropped by two-thirds after he had contacted the EEOC. A lawsuit was filed by the EEOC on his behalf in January 2010. The lawsuit sought both compensatory and punitive damages for the attorney and also asked that the firm be prohibited from "engaging in any employment practices which discriminate on the basis of age."

In April 2012, Kelley Drye & Warren settled the lawsuit against them for over $500,000. Additionally, they will provide training sessions on age discrimination for those involved in making employment decisions and they will inform the EEOC of any complaints of age discrimination they receive. When the law firm said they had voluntarily dropped the discriminatory policy after the lawsuit was filed in 2010, the EEOC defended their pursuit of the claim, saying many law firms still have these policies and ""We don't think attorneys should be forced to leave their chosen profession simply because they reach some arbitrary age if they have the skill and the energy."

]]> This is not the first time a law firm has been sued over this subject. The EEOC filed a similar lawsuit against Sidley Austin for 32 former partners who felt they were discriminated against because of their age. Like the suit discussed above, the firm in this case ultimately settled in 2007 for over $27 million.

Law firms are not the only places of employment that have this type of policy. Although the numbers are decreasing, many universities, including several in Indiana, have a mandatory retirement age for higher-ranked employees such as deans. Other corporations have similar policies. While the reasoning for these policies is that it provides new blood and perhaps new ideas into the higher tiers of firms, universities, and companies, the policies do not account for the fact that people are living longer, healthier lives and are still able to provide significant contributions to their employers in their 60s, 70s, and even 80s.

If you are over the age of 40 and are feeling pressured to leave your job or have been forced to quit because of your age, it is important to contact a Kentucky or Indiana employment attorney to discuss your situation. You may be entitled to keep your job or to compensation for lost wages and other damages incurred. Attorney Steve Frederick, located in Louisville, is able to help employees with all types of job-related issues throughout Kentucky and Indiana.

Sources:

Law firm settles age discrimination case with EEOC; Thomson Reuters; Leigh Jones; April 10, 2012

EEOC Sues Law Firm Kelley Drye & Warren for Age Discrimination and Retaliation; EEOC; January 28, 2010


EEOC Sues Kelley Drye, Says Pay Policy for Older Lawyers Discriminates & Seeks Sweeping Relief; ABA Journal; Martha Neil; January 28, 2010

]]> Nursing Home Settles Wrongful Death Suit, Daughter Still Wants Answers tag:www.kentuckyinjurylawblog.com,2012://1.179 2012-04-26T18:35:39Z 2012-04-26T18:40:51Z Wrongful death lawsuits are not always about the money. When her mother passed away in 2009, Ms. Garrett was left with her grief and a host of unanswered questions. A resident at a nursing home, her mother had some health... Steve Frederick http://www.kytriallaw.com/ Wrongful death lawsuits are not always about the money. When her mother passed away in 2009, Ms. Garrett was left with her grief and a host of unanswered questions. A resident at a nursing home, her mother had some health issues and would easily choke when eating. One time when she was eating, she began to choke and a maintenance person saved her life with the Heimlich maneuver. After that, Ms. Garrett was promised by the nursing home staff that her mother’s food would be cut up small enough that she would not choke.

Then in 2009, the nursing home contacted Ms. Garrett to tell her that her mother had died. After receiving conflicting stories about how it happened, she looked at the death certificate. It listed the cause of death as several things including heart disease and kidney disease. But when the nursing home administrator was questioned by her, he stated that her mother had choked once again, but this time she did not survive. A disagreement ensued regarding whether or not anyone at the home attempted to help or resuscitate the victim since there was not a signed “do not resuscitate” form on file.

Ms. Garrett ultimately filed a wrongful death lawsuit against the nursing home. The home settled the suit for $35,000, some of which was paid back to the home for her mother’s stay. The settlement amount may seem to be a small amount to receive for the death of one’s parent. But Ms. Garrett says she was not looking for financial compensation and didn’t even want to file a lawsuit in the first place; “I don't want people to lose their jobs because we need the home.” So why did she do it?

“I just want answers” she said, and she did not see any other way to get the information she was looking for. Understandably, when a wrongful death occurs, those who were close to or involved in the situation may not want to share any of their knowledge about what happened for fear of being held responsible or getting someone else in trouble. You can ask as many questions as you like, and they may still refuse to answer. Ms. Garrett had asked for answers and even contacted the state Department of Health, which started an investigation. She still did not know exactly what caused her mother’s death.

]]> So she filed a civil lawsuit. If the lawsuit had gone to trial, those that were around her mother at the time of her death could have been subpoenaed for depositions and as trial witnesses, so the truth would have come out. But because the case settled before going to trial, no one was legally bound to say anything. If you have lost a loved one and are seeking answers and closure, a Kentucky wrongful death attorney can help you determine the proper course of action to take to obtain the information you desire.

Sources:

County home settles lawsuit; The Post-Journal; Eric Tichy; April 15, 2012

]]> Widow Files Wrongful Death Suit for Husband Killed by Lightning on Job Site tag:www.kentuckyinjurylawblog.com,2012://1.178 2012-04-21T13:53:31Z 2012-04-21T14:02:06Z In Indianapolis, tragedy struck at the Indiana State Fair when numerous people were killed or injured by a stage collapsing in stormy weather. This incident sparked a large number of lawsuits blaming various individuals and companies for the death and... Steve Frederick http://www.kytriallaw.com/ In Indianapolis, tragedy struck at the Indiana State Fair when numerous people were killed or injured by a stage collapsing in stormy weather. This incident sparked a large number of lawsuits blaming various individuals and companies for the death and injury of innocent concertgoers. With so many people involved in the fair and the concert, determining who was ultimately at fault could prove to be challenging.

In a more recent tragedy, one man was killed and two others were injured in September 2011 when they were struck by lightning while working at a construction site. The two surviving victims remember watching the lightning approach the site and becoming nervous. But they were told to keep working, so they did not take shelter right away. They did finally leave the site, caring more about their safety than their jobs. But it was too late. As they were headed toward shelter, a bolt of lightning struck an 800-foot-tall crane, sending electricity through all three men. The victim who did not survive was hit the hardest because he was holding a metal bucket of concrete in his hands.

The victim’s wife has filed a wrongful death lawsuit against two of the construction companies involved in the project. The suit claims that the companies should have had the victim take shelter because of the dangerous weather that was evident both in the forecast and the lightning that was flashing through the sky. The companies are denying responsibility, saying they cannot control Mother Nature.

One of the companies has responded verbally to the lawsuit saying “We were not cited or found to be at fault by any entity investigating the incident last year, including OSHA." Even if this is true, that still does not mean filing the wrongful death lawsuit is a lost cause. If the case makes it all the way to trial, the judge and maybe a jury will hear the facts from both sides and will draw their own conclusions as to whether or not this tragedy could have been prevented. It is true that no one can control the weather, but it may be determined that there were enough warning signs to warrant bringing the workers off the site and into a safe place to ride out the storm.

]]> The other two workers injured in the storm have filed separate lawsuits, most likely claiming negligence. Their suits allege that they are still in pain eight months after the accident and they will most likely seek damages for issues such as lost income, medical bills and pain and suffering.

While this particular incident occurred at a job site in Philadelphia, it could happen anywhere at any time. If you are injured, don’t hesitate to call a Kentucky personal injury attorney to determine whether or not you have a case. Attorney Steve Frederick has been helping Kentucky residents assess their personal injury claims for years and offers a wealth of knowledge in this emotional, and sometimes confusing, matter.

Sources:

Worker’s widow sues in AC casino lightning death; Associated Press; Wayne Parry; April 4, 2012

Lawsuit filed in lightning strike death; NBC10; Lauren DiSanto and Ted Greenberg; April 4, 2012

]]> Family Files Indiana Wrongful Death Lawsuit in Son’s Drowning Death at Church Day Care tag:www.kentuckyinjurylawblog.com,2012://1.177 2012-04-17T18:49:37Z 2012-04-17T18:59:27Z Stating they want to find out the truth about how their 22-month-old son died, the family of the little boy has filed a wrongful death lawsuit against an Indiana church. The child was in day care at Praise Fellowship Assembly... Steve Frederick http://www.kytriallaw.com/ Stating they want to find out the truth about how their 22-month-old son died, the family of the little boy has filed a wrongful death lawsuit against an Indiana church. The child was in day care at Praise Fellowship Assembly of God Church in February 2012 when he drowned in a baptismal pool. The wrongful death lawsuit gives the family the ability to subpoena employees of the day care and the chance to ask those who were at the church that day exactly what happened. According to the family’s attorney, “They can’t get any closure. They can’t finish the grieving process until they have some idea what happened to their son.”

Both parents, and probably many others, were surprised when criminal charges were not brought against any of the workers. But the prosecutor stated that while their actions were perhaps reckless or negligent, the workers did not act criminally, and the case would have to be fought in civil court.

In addition to finding out what happened, the parents would also like to have the responsible parties held accountable for their actions and would like to ensure that no others parents suffer through this type of tragedy in the future. Unfortunately, it does not appear they are going to get much help from the State of Indiana.

Shortly after this tragedy, Senator Greg Taylor of Indianapolis presented draft legislation that would require church-run day care centers to meet the same standards as licensed day care centers. Under current Indiana law, licensed day care centers have to meet 192 standards while church day cares only have to meet about 21 standards. Even in-home licensed day care providers have to meet 94 of the standards. Some of the standards that church day cares are not required to meet include staffing ratios and ages and training requirements. But the Senate voted 30-19 against the proposed amendment.

]]> While it seems impossible that a child less than two years of age could be missing long enough to wander off, fall into a pool, and drown, it obviously can happen. This incident does not mean that all church-run day care centers are bad and should be avoided. Parents just need to be aware that these centers are not held to nearly as many standards as other facilities are by the State of Indiana, so they may need to do some additional questioning themselves to ensure their child will be safe. Asking how old the child care workers are and what the teacher-to-child ratio is will help determine if there is enough mature, responsible staff to keep the children safe. Determine what areas are accessible to the kids and what areas are off-limits either because the doors are locked or alarmed. Find out if children are accompanied by an adult any time they leave the designated child care area and what steps are taken to ensure that all of the children are accounted for throughout the day.

If an incident does occur and your child is injured while under the care of a day care worker or anyone else, contact an experienced Kentucky or Indiana personal injury attorney, such as Steve Frederick of Clay, Frederick & Adams. When your child has been put in harm’s way or has been injured, it is important to have someone who is compassionate and clear-headed working with you to review the situation and determine what action needs to be taken.

Sources:

Push for more church day care regulations rejected; rtv6; February 28, 2012

Family of boy who drowned in baptismal pool files lawsuit; WSBT; Eva Pilgrim; April 9, 2012

]]> Employment Discrimination Alleged at YMCA tag:www.kentuckyinjurylawblog.com,2012://1.176 2012-04-07T13:33:35Z 2012-04-07T13:37:58Z In an ironic twist, an organization that has stood for equal opportunities for everyone is the subject of a workplace discrimination lawsuit. Four women have filed a lawsuit against the YMCA alleging they were paid less than their male counterparts.... Steve Frederick http://www.kytriallaw.com/ In an ironic twist, an organization that has stood for equal opportunities for everyone is the subject of a workplace discrimination lawsuit. Four women have filed a lawsuit against the YMCA alleging they were paid less than their male counterparts. The YMCA where the women are employed uses a scoring system to determine salaries. Several factors including the effort, skill, and responsibility of each employee is taken into consideration. One of the women who is a vice-president scored better than some associate vice-presidents, but was still paid $5000-$7000 less. Men at the same level as she was were each paid over $25,000 more.

Samuel Cordes, the attorney representing the women, said they are “are losing a significant amount of money just because they are not men. What you're creating is second-class citizens in that workplace." The lawsuit has been filed under the federal law entitled the Equal Pay Act of 1963 (EPA). The EPA was added as an amendment to the Fair Labor Standards Act of 1938 and is enforced by the Equal Employment Opportunity Commission (EEOC). This act specifically addresses the issue of equal pay for men and women. It states that unless the employees’ wages are based on a system that rates employees by seniority, merit, or volume of work produced, men and women who hold the same position should receive the same pay. In the case of the YMCA, the employees were rated by a system called the Hayes Methodology, but this test showed the women’s work was at least the same as, or even superior to, their male counterparts who were paid significantly more.

The lawsuit seeks restitution in several forms. It requests that the YMCA be prohibited from practicing pay discrimination in the future. It also asks for financial compensation for the women. All wages that should have been paid to the women over the years if their wages had been equal are being requested, as well as any interest on those wages. Punitive damages that serve to punish the defendant for their illegal acts are also being sought. The women are also asking for their attorneys’ fees to be paid in full.

]]> This case illustrates the fact that workplace discrimination can happen anywhere. Even in places like the YMCA that are supposed to stand for equality across all races and genders, discrimination can still be found. If you think you have been the victim of gender discrimination, you should contact a Kentucky employment attorney. Most cases have a statute of limitations, which is the length of time one has to file a lawsuit, so it is important to discuss your case with an experienced attorney as soon as possible. Steve Frederick is an employment lawyer located in Louisville, Kentucky. He can assist you with any employment law issues.

Source:

Women allege pay discrimination at YMCA; Pittsburgh Post-Gazette; Rich Lord; March 28, 2010

]]> Man Who Killed Girl in Kentucky Hit-and-Run Accident Sentenced to 15 Years tag:www.kentuckyinjurylawblog.com,2012://1.175 2012-04-04T16:26:26Z 2012-04-04T16:31:01Z A tragic car accident took the life of a 13-year-old Kentucky girl in March 2010. She was walking along a road near Philpot, Kentucky around dinner time. An SUV hit her from behind and she sustained critical injuries. The story... Steve Frederick http://www.kytriallaw.com/ A tragic car accident took the life of a 13-year-old Kentucky girl in March 2010. She was walking along a road near Philpot, Kentucky around dinner time. An SUV hit her from behind and she sustained critical injuries. The story would be bad enough if it ended there, but it gets worse.

The man who hit her fled the scene, making the crash a hit-and-run accident. He proceeded to wash his car and even created a one-car accident with it two days later to cover up the evidence. So not only did he not stay to help the child that he hit, he also tried to pretend that he was not at fault by tampering with the evidence.

The victim unfortunately died four days later at Kosair Children’s Hospital in Louisville, Kentucky. Would she have survived if the man who hit her stopped to help instead of running away to hide his guilt? No one will ever know. What is known is that the driver was charged with three class D felonies, reckless homicide, leaving the scene of an injury accident, and tampering with evidence. After being found guilty on all charges by a jury, on March 27, 2012, he was sentenced to five years in prison for each count, making a total of 15 years that he should remain behind bars. Throughout the entire process, the driver never took responsibility for his actions or showed any remorse.

For the family of the victim, it is at least fortunate that the guilty driver was found and justice was done. It is often difficult to locate the driver who caused a hit-and-run accident. How they proceed next is up to them, but if they have filed, or decide to file, a wrongful death lawsuit, they would most likely be awarded financial damages. This money would never replace the child they lost, nor is it meant to, but it may provide assistance in paying the medical bills and funeral costs they incurred. It may also help them to support any surviving children they may have and give them peace of mind financially so they can grieve and hopefully heal.

]]> It is important in a situation such as this to find the right Kentucky wrongful death attorney. Not only do you need someone that is experienced, but you also need someone who is compassionate when dealing with grieving families and professional when working with the insurance companies, other attorneys, and the court personnel that may be ultimately involved in the case. Kentucky personal injury lawyer Steve Frederick of Clay, Frederick & Adams is experienced in helping families through difficult times and is knowledgeable in all aspects of personal injury law.

Sources:

Kotarek sentenced to 15 years in Matlock death; Messenger-Inquirer; Steve Vied; March 27, 2012

]]> Indianapolis School Bus Crash Kills Driver, One Student tag:www.kentuckyinjurylawblog.com,2012://1.174 2012-03-23T04:26:19Z 2012-03-23T04:35:04Z On March 12, 2012, a bus ride to school became deadly for a 5-year-old girl and the driver of the bus. In addition, 10 other children were taken to the hospital with injuries. The bus accident occurred on South Emerson... Steve Frederick http://www.kytriallaw.com/ On March 12, 2012, a bus ride to school became deadly for a 5-year-old girl and the driver of the bus. In addition, 10 other children were taken to the hospital with injuries. The bus accident occurred on South Emerson Avenue when the bus that was carrying 26 kids crashed into a bridge support around 7:45 a.m.

The reason for the crash is still unclear. According to investigators, the bus, owned by Miller Transportation in Louisville, Kentucky, was in good working order when it left the depot that morning. A bus driver that was following the bus that crashed stated that the other driver was not going above the posted 35-mph speed limit. Videotape from the bus does not show any sort of disruption on the bus that would have caused the driver to divert his attention from the road. Preliminary autopsy results on the bus driver do not indicate any medical condition that could have contributed to the crash, but this possibility has not been ruled out.

A couple other possible causes include the weather and driver distraction. The pavement was wet at the scene of the accident when police arrived, but they are unsure whether or not it was raining at the time of the crash. It is possible the wet pavement caused the bus to slide or that rain made it more difficult for the driver to see where he was going. Distracted driving is another consideration. Although none of this has been proven, the driver could have been drinking his morning coffee or checking his cell phone, taking his eyes off the road just long enough to cause the crash.

One thing that is certain is that none of the children were wearing seatbelts. This is a certainty because seatbelts are not required in school buses by law and the bus they were riding in did not have seatbelts. Some lawsuits have been filed by parents of the victims against the state of Indiana for this reason. They are placing blame on the state for the injuries to their children because the law does not require them to wear seatbelts in school buses. Five of the lawsuits filed so far in this case – including a wrongful death suit filed by the family that lost their daughter – are also holding Miller Transportation responsible because there were no seatbelts available on the bus.

]]> The wrongful death lawsuit also holds Miller Transportation responsible because their driver allegedly negligently ran the bus into the bridge support. Oftentimes companies are found liable for an accident by their drivers because they have not received proper training or, in the case of commercial truck drivers, they were required by the companies to drive longer than they should before receiving a break or being able to sleep.

This case highlights the danger of riding in a vehicle without wearing a seatbelt, even if it is a large bus that is designed to keep the passengers safe without seatbelts. It also illustrates why it is important to contact an Indiana or Kentucky personal injury attorney when you or someone you love is involved in an accident. There are often several factors involved that need to be considered. Steve Frederick is an experienced personal injury attorney that can help you with any car accident or other personal injury questions you may have.

Sources:

Donasty Smith's family sues after fatal bus crash; WISH; March 22, 2012

Police find no mechanical problems with school bus involved in fatal crash; indystar.com; John Tuohy; March 14, 2012

Child, 5, driver killed in Indy bus crash; Courier-Journal; Tom Davies; March 12, 2012

]]> Kentucky House Passes Bill to Require Fingerprint Background Checks on Nursing Home Employees tag:www.kentuckyinjurylawblog.com,2012://1.173 2012-03-19T18:27:02Z 2012-03-19T18:37:06Z Residents of nursing homes and other long-term care facilities are some of our most vulnerable friends and family members. Even if they are suffering abuse or neglect, they may be physically unable to say anything, or they may be afraid... Steve Frederick http://www.kytriallaw.com/ Residents of nursing homes and other long-term care facilities are some of our most vulnerable friends and family members. Even if they are suffering abuse or neglect, they may be physically unable to say anything, or they may be afraid of retaliation if they report this type of treatment. Even family members that visit their relatives frequently may miss the signs of nursing home abuse and neglect.

In an effort to protect this segment of society, the Kentucky House of Representatives has introduced and passed HB 250. This bill, if it becomes law, would require a more thorough background check on potential and current nursing home employees. Currently, name-based background checks are run only on prospective employees that would have direct contact with the residents. Under the new bill, fingerprint checks would be done on applicants to determine if they have been convicted of a serious felony and a database search would show any record of previous abuse. Even after being hired, employees would continue to be checked to make sure they had not been convicted of a serious felony after being hired.

The bill includes $4 million worth of state or federal funding that would cover the cost of the equipment and training and the background checks until 2014. After that, the long-term care facilities would be required to either cover the cost or pass the cost on to the applicant or employee. The background checks would be done at a Cabinet for Health and Family services field office, of which there are about 36 throughout Kentucky.

Some representatives objected, stating the cost would be significantly more than the checks being done now, and that the currt checks are sufficient. Others noted that the federal funding is part of the Affordable Care Act, which may be overturned by the Supreme Court, so the funding would disappear.

The bill has passed in the House of Representatives and is headed to the Senate.

]]> In the meantime, what can families do to make sure their loved ones in nursing homes and long-term care facilities are safe? There are a variety of websites available that provide ratings of Kentucky nursing homes. They are rated on several factors including number of safety incidents and fire code violations, available amenities, and volume of abuse or neglect reports. One such site is the Nursing Home Compare Site provided by Medicare. After finding potential locations online, families should visit the facility and speak with the staff and residents. They should also ask for recommendations from friends or family that have successfully conducted their own searches. Finally, be sure to consult a physician to confirm the facility will be a good fit based on the potential resident’s physical ability and mental capacity. Nursing homes offer varying degrees of care for those who have special requirements. If your loved one is currently in a home that is not providing quality care, contact a Kentucky nursing home attorney to discuss the situation and determine what action needs to be taken. Steve Frederick has experience in helping Kentucky residents with their nursing home issues.

Sources:

House backs background check bill for workers with elderly; The Courier-Journal; Joseph Gerth; March 6, 2012

Bill would require fingerprint background checks for nursing home workers; Kentucky.com; Beth Musgrave; March 1, 2012

]]> Kentucky Car Accident Fatality caused by Drunk Driver tag:www.kentuckyinjurylawblog.com,2012://1.172 2012-02-10T14:45:33Z 2012-02-10T14:53:48Z On Sunday, February 5, 2012, Robert Kempf was driving on I-71 near the Watterson Expressway in Louisville, Kentucky when a fatal accident occurred. Based on a preliminary investigation, this tragic car accident could have been avoided. Robert Kempf and his... Steve Frederick http://www.kytriallaw.com/ On Sunday, February 5, 2012, Robert Kempf was driving on I-71 near the Watterson Expressway in Louisville, Kentucky when a fatal accident occurred. Based on a preliminary investigation, this tragic car accident could have been avoided.

Robert Kempf and his friend had been watching the Super Bowl that Sunday, visiting with friends, drinking some alcohol. Later that night, Mr. Kempf got in his 1995 white Corvette with his friend. Once on I-71, he started speeding and lost control of the vehicle. Investigators are unsure if he ran off the road and rolled the car or if the car rolled over until it left the road. Either way, his 49-year-old passenger was killed when the car rolled onto its roof. How Mr. Kempf survived the crash is a mystery.

What is not a mystery are the factors involved in this crash. First, Mr. Kempf was driving over the posted speed limit, which makes it more difficult to control a vehicle. Second, Mr. Kempf had been drinking prior to driving the vehicle. Being under the influence of drugs or alcohol seriously hinders a driver’s ability to safely operate a vehicle. Apparently this was not the first time Mr. Kempf had driven while under the influence of drugs or alcohol. He has been charged with DUI at least three times in Louisville since the 1980s and had his license revoked at some point. He also faced drug-related charges in the past, which may mean some of his DUIs were drug-related instead of alcohol-related.

Unfortunately, this accident adds to the death toll on Kentucky roads that so far this year has exceeded 2011. According to Kentucky State Police, 64 people have died on the roads since the beginning of the year. This is an increase of five deaths over last year. Nine of the victims were killed in crashes caused by drunk drivers. The families of these victims should contact a Kentucky car accident attorney to discuss what steps can be taken. They most likely will be able to file a wrongful death lawsuit against the drunk driver, especially if he has been charged by police with driving under the influence. Damages can be awarded to cover lost income, medical expenses, and emotional distress caused by the loss of a loved one, as well as punitive damages that serve as punishment to the defendant. Attorney Steven Frederick is experienced in helping accident victims and their loved ones with their claims.

]]> The driver of the vehicle was injured, has lost a friend, and now faces criminal charges. All because he got behind the wheel of a car after consuming alcohol. This tragic accident serves as a reminder not to drink and drive.

Sources:

Driver facing murder, DUI charges after I-71 crash; WHAS; Gene Kang; February 6, 2012

Driver Charged After Fatal I-71 Crash; WLKY; February 6, 2012

Kentucky Sees Increase In Fatal Crashes Over 2011; WLKY; February 10, 2012


]]> Kentucky Pedestrian Killed by Drunk Driver may be at Fault tag:www.kentuckyinjurylawblog.com,2012://1.171 2012-02-05T15:07:17Z 2012-02-05T15:18:12Z On Monday, November 28, 2011, a Kentucky woman was crossing National Turnpike in Louisville early in the morning when she was struck by a pickup truck. She was seriously injured and was taken to University Hospital. Four days later, she... Steve Frederick http://www.kytriallaw.com/ On Monday, November 28, 2011, a Kentucky woman was crossing National Turnpike in Louisville early in the morning when she was struck by a pickup truck. She was seriously injured and was taken to University Hospital. Four days later, she died from her injuries caused by the truck accident, making her the 18th pedestrian killed by a vehicle in Louisville.

The 33-year-old driver of the vehicle stayed at the scene and was given a sobriety test. She tested at more than twice the legal limit and admitted to drinking 10 beers. She also had an open beer in the truck at the time of the accident and did not have a driver’s license. She was charged with driving under the influence, having an open container of alcohol in the truck, and driving without a valid license.

One would think that with all of the above charges brought against her, the driver would also be responsible for the death of the pedestrian, but that may not be the case in this particular accident. Preliminary investigations show that the pedestrian stepped into the road in front of the pickup truck, which would mean she caused the accident. “Someone walking in front of you, stepping in front of you, you can’t charge somebody for something that wasn’t their fault and was an accident,” according to LMPD Traffic Unit’s Lt. Doug Sweeney.

As of the end of January, the driver had only been charged with the issues listed previously, which carry a penalty of up to one year in jail. The pedestrian’s family does not think this is anywhere near harsh enough for the woman that killed their relative. They would like to see a wrongful death lawsuit filed. But the Jefferson County Attorney’s office, which is handling the case, said that is the strongest charge they can bring against her. The Commonwealth Attorney’s Office may be able to press felony charges, but will need to review the case to make that determination.

]]> Wrongful death suits are filed by relatives of accident victim who do not survive. The suits normally ask for damages to cover tangible costs to the families such as lost income and medical expenses. Intangible expenses such as mental and emotional distress and loss of consortium can also be included. Punitive damages are meant to punish the individual or company that allegedly caused the death to deter them from acting the same way in the future.

In the situation above, the family of the victim may be denied the opportunity to pursue these damages. It is important for them to contact an experienced Kentucky car accident attorney to determine whether or not they have a case. If you or a loved one has been involved in an accident, contact Steven Frederick to discuss the specifics of your case and the proper course of action.

Sources:

Pedestrian struck at Outer Loop, National Turnpike; driver charged with DUI; WHAS; Johnny Archer; November 28, 2011

Family of woman hit, killed by drunk driver says DUI charge is not enough; WHAS; January 31, 2012

Investigation still underway after pedestrian dies from her injuries; WHAS; December 2, 2011

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