Kentucky Injury Law Blog

The Fayette County Board of Education must pay Carol Lynne Maner $3.7 million for her Kentucky sex abuse lawsuit—affirmed the Kentucky Court of Appeals on Friday. In 2007, a Fayette Circuit Court jury issued its verdict that school officials in the 70’s and 80’s ignored allegations that four teachers, an assistant principal, and a guidance counselor at Beaumont Junior High School and Lafayette High School had sexually abused Maner while she was a student. The board, claiming the statute of limitations for Maner’s case had run out, appealed the verdict.

Maner, who filed her Kentucky civil lawsuit in 2003, claimed that she had been denied her right to an education because the sexual abuse caused her to suffer from depression and drug addiction. She also contends that other students were sexually abused. A few other ex-students have stepped forward over the last few years to affirm Maner's claims.

Roberta Walter and Russell Hubbard, two of the four former teachers that are defendants in Maner’s Kentucky sex abuse lawsuit, have been criminally charged for their alleged abuse of the plaintiff. Hubbard is charged with four counts of first-degree sodomy and third-degree rape. Walter is charged with third-degree rape and third-degree sodomy.

The $3.7 million sexual abuse verdict is among the largest awards issued in Fayette County.

Kentucky Sex Abuse Lawsuits
If you are the victim of sexual abuse, you may be entitled to Kentucky personal injury compensation from your perpetrator or others that were negligent and allowed the abuse to happen. Even if its been years since the abuse incidents occurred, the statute of limitations in Kentucky may still allow you to file your claim against the person responsible for your pain and suffering.

Sex abuse survivors' scars are seldom visible to other people, but the mental and emotional anguish resulting from this kind of sexual violence can last a lifetime, wreaking havoc on the victim’s life. The damage is very real to the victim, who may have problems sustaining relationships, develop an eating disorder or addiction to alcohol or drugs, need to take medication to cope, or have to undergo years of therapy.

Appellate court upholds verdict against Fayette schools in sex-abuse lawsuit, Kentucky.com, May 23, 2009

Ex-principal accused of sex with students in '70s and '80s, Cincinnati.com/AP, September 10, 2004

Related Web Resources:
Child Sexual Abuse, American Academy of Child & Adolescent Psychiatry

Understanding Child Sexual Abuse, APA

Kentucky State Police will be holding Motorcycle Awareness Day on Thursday, May 21. The day is intended to promote motorcycle safety throughout the state and will be marked by a full day of activities, including a "Cruise for Awareness" ride involving over 200 motorcycles escorted by Lexington Police and KSP through Frankfort. This event is just one of many activities taking place throughout the US this month, dubbed Motorcycle Safety Awareness Month.

Federal, state, and local transportation safety officials want to remind both motor vehicle drivers and motorcyclists that they share the roads with each other. This means motorcycle riders, car drivers, bus drivers, and truckers must all do their part to prevent US motorcycle accidents from happening.

According to Kentucky State Police Commissioner Rod Brewer, the KSP wants to decrease the number of Kentucky motorcycle fatalities that occur each year.

2008 Kentucky Motorcycle Accident Statistics:
• There were 2,109 Kentucky motorcycle crashes last year.
• 102 of these accidents resulted in fatalities.
• 64 of the Kentucky motorcyclists involved in these accidents were not using motorcycle helmets.
• 40 of last year's Kentucky motorcycle collisions involved passenger vehicles.
• 108,602 Kentucky motorcycles were registered in the state.

Motorcycle accidents can be catastrophic for a rider, who only has his or her protective clothing and gear to serve as a buffer from the impact of colliding with a car, a bus, a large truck, a wall, or another nonmoving object. Spinal cord injuries, traumatic brain injuries, and internal injuries result all too often from motorcycle crashes.

Earlier this month, a rider died in a Kentucky motorcycle crash when his bike was in a traffic crash with a white box truck in Prospect. Police say that the motorcyclist was making a right turn onto Timber Ridge when the deadly collision happened. The rider ended up under the truck and was pronounced dead at the accident site.

If you or your loved one was seriously hurt in a Kentucky motorcycle accident that was caused by a careless driver or another negligent party, you may have grounds for filing a Kentucky personal injury lawsuit.

KSP Announces Motorcycle Awareness Day, WOWK, May 14, 2009

Man killed in motorcycle crash, WAVE, May 8, 2009

Related Web Resources:
Kentucky State Police

Motorcycle Safety Awareness, NHTSA

Continue reading "Kentucky Motorcycle Accident Attorney: State Police Mark Motorcycle Awareness Day on May 21" »

The estate of a Richmond nursing home resident who was abused and neglected while staying at the Richmond Health and Rehabilitation Center, also called Madison Manor, is suing the nursing home and three of its former nursing home workers for Kentucky nursing home abuse and neglect.

Armeda Thomas lived at the long-term care facility from February 2007 through September 2008. She died in November 2008. While Thomas was staying at the Richmond nursing home, family members installed a hidden video camera to monitor the care that she was receiving because they were worried she was being mistreated.

The video footage recorded in August and September 2008 shows nursing home workers physically and verbally abusing her, as well as neglecting to feed and clean her. Three former Madison Manor nursing home employees, Amanda G. Sallee, Jaclyn Dawn VanWinkle, and Valerie Lamb, were charged criminally for abusing and neglecting Thomas, who at the time of the alleged incidents was in her 80’s and suffering from Alzheimer’s.

Among the abuse incidents recorded was that of Thomas being handled roughly, including footage of a worker recklessly lifting the elderly resident's legs higher than required to make incontinent changes and picking her up by her neck. Not only did workers fail to feed Thomas on more than one occasion, but a nursing assistant ate the patient's food twice. Over two weeks, Thomas lost 19 pounds.

The Kentucky nursing home abuse and neglect lawsuit is seeking compensatory and punitive damages for Thomas' personal injuries, legal fees, and court costs for chronic neglect, abuse, and substandard care.

Last month, the federal Health and Human Services' Centers for Medicare and Medicaid Services added Madison Manor to its “Special Focus Facilities” list. The list names nursing homes that have exhibited more issues than other US nursing homes—especially over a long period of time.

Madison Manor sued for negligence in care, Richmond Register, May 7, 2009

Nursing home now on federal troubled list, Kentucky.com, May 9, 2009

Related Web Resources:
Special Focus Facilities, Centers for Medicare and Medicaid Services

Kentucky Nursing Home Abuse Evidence Shot Using Family’s Hidden Camera, KentuckyInjuryLawBlog.com, December 1, 2008

The widow of a man who was killed in a 2008 Kentucky drunk driving accident wants Madison Circuit Court to consider her motion to amend her wrongful death lawsuit against driver Elmer Ray French.

French is accused of crossing the center line of a road on December 3, 2008 and hitting head-on the vehicle that Jason Isaacs was riding in. The 71-year-old motorist was indicted for driving under the influence (with a BAC of over .18%) and murder for his alleged role in causing the deadly Kentucky car accident. His arraignment is scheduled for Friday. If convicted of these charges, he could end up serving a life prison sentence.

Now, Sandra Marie Isaacs wants the court to let her amend her Kentucky wrongful death complaint to include claims made for her two children with Jason Isaacs. She wants to claim loss of parental consortium for her 9-year-old son and 14-year-old daughter.

Sandra Isaacs is seeking compensatory damages plus interest for funeral costs, medical bills, loss of spousal consortium, and loss of future income and earning capacity. She is also seeking punitive damages.

Loss of Parental Consortium
In Kentucky, a claim seeking compensation for loss of parental consortium can be filed for the time that a child loses with his or her mother or father because of the parent’s death. This claim is limited to the period between the parent’s death and when the child turns 18.

The death of a parent is never easy. Losing one’s mother or father in a tragic car accident when one is very young can scar a person for life. While no amount of money can bring a parent back or make up for time that is lost, there are ways to hold the liable party responsible for your child’s loss.

Hearing set to amend DUI death lawsuit, Richmond Register, May 4, 2009

Related Web Resources:
Kentucky Revised Statutes, Kentucky Legislature

Car Accidents Overview, Justia

In Jefferson Circuit Court, the respective parents of Claudia Wadlington, 5, and the Riley Lawrence, 4, have filed a Kentucky wrongful death lawsuit for the girls' hit-and-run deaths. The two girls were killed in Louisville on July 25, 2008 as they were walking to swim class. They were holding hands with Claudia’s mom, Angela, as they crossed Floyd Street when a Pontiac Grand Am hit them. The driver of the car, Kenielle Finch, also hit Louisville Metro Police who attempted to apprehend him following the deadly hit and run accident.

Named as defendants in the Kentucky pedestrian accident complaint are Kenielle Finch, who was charged with their murders (in addition to 12 other related charges) and Keynisha Butler, who lent Finch the car that hit the girls. Finch entered a not guilty plea to the criminal charges and will stand trial.

The families’ Louisville wrongful death lawsuit seeks to recover hospital expenses, burial costs, and other accident-related expenses, including Angela’s hospital expenses for her injuries, as well as punitive damages from both men.

Reasons Why Motorists Hit and Run
Not only is it considered negligent conduct to cause an auto accident, but so is leaving an auto accident site after causing a motor vehicle crash—especially if someone was seriously injured. Staying at a crash site to provide assistance and contact emergency medics to let them know that someone has been hurt can determine whether an auto accident victim lives or dies.

Some reasons why people hit and run:
• Driving drunk or under the influence of drugs.
• Driving without a license or proper insurance or documentation.
• Driving a stolen vehicle.
• The driver may have just committed a crime.
• The driver is scared of the legal consequences.

If you were seriously hurt in Kentucky hit and run accident and the driver has not been apprehended, an experienced Louisville car accident law firm can help you pursue your uninsured motorist claim and make sure that you receive a settlement from your insurer that takes as much of your accident-related expenses and recovery costs into consideration. If the driver has been apprehended, then your Kentucky personal injury lawyer can push to recover from the negligent party.

Slain girls' parents sue accused hit-and-run driver, Courier-Journal, May 5, 2009

Kenielle Finch indicted, charged with murder after alleged hit and run, Newsnet14, September 1, 2008

Related Web Resources:
Hit And Run Drivers Kill Nearly 1500 People Annually With Pedestrians At Greatest Risk, According To AAA Foundation Analysis, AAA, May 17, 2004

Pedestrians, Safekids.org

The Kentucky Cabinet for Health and Family Services says that employees at a Lexington nursing home acted inappropriately when they used their cell phones to take pictures and make audio recordings of residents without their consent and then sent the images, with sexual song lyrics attached, to other nursing home workers. Bluegrass Care and Rehabilitation Center received a Type A Citation for the incidents, which noted that the Kentucky nursing home does not appear to have ever trained or told staff that taking sexually exploitive photos or recordings of residents is a form of nursing home abuse.

The citation says that licensed staff, nursing aides, and housekeepers were interviewed about the incidents and they said that this type of activity was typical at the nursing home and was not considered abuse, which is why no one ever reported the photos or audio recordings to supervisors. Last week, the administrator for the nursing home said that the facility had conducted a complete investigation and a number of employees had been let go.

Bluegrass Care and Rehabilitation Center actually bans its workers from having cell phones in the resident-care sections of the facility—a policy that the citation says the nursing home clearly failed to enforce. The citation says that the cell phone photos and recordings led to the abuse of seven nursing home residents and that the Lexington nursing home failed to implement a system that protected residents from nursing home abuse. As a result, the citation says that residents at the long-term care facility were in imminent danger.

Under the Nursing Home Residents’ Bill of Rights 400.022, Kentucky nursing home residents are entitled to a number or rights while staying at a long-term care facility, including the including the rights to:

• Religious and civil liberties.
• Privacy.
• Communication free from censorship.

Kentucky nursing home residents are also entitled to a stay at a long-term care facility where they are protected from nursing home abuse or neglect. If you believe that your loved one has been the victim of Kentucky nursing home abuse or neglect, there are legal remedies available to hold the nursing home facility and its workers financially and civilly liable.

Nursing home staff took inappropriate photos of residents, Kentucky.com, April 29, 2009

Related Web Resources:
Read the Kentucky Nursing Home Citation (PDF)

The Kentucky Cabinet for Health and Family Services

Resident Rights, Medicare

Continue reading "Kentucky Nursing Home Abuse: Lexington Nursing Workers Acted Inappropriately When They Took Cell Phone Photos of Residents, Says State" »

At Bryan Station High School, students are anxiously waiting to find out the condition of three of their classmates who were seriously injured in a Lexington motor vehicle crash on Monday night. One of their other classmates, 15-year-old Nathaniel Lee Stuckey, died in the collision on Russell Cave Road on Monday night.

The driver of the car, Nicoli Petitfrere, 17, and passenger Jasmine Marks, 16, are still in critical condition, while Kierra Fulz, 17, is in fair condition. According to Lexington police, speed may have been a factor, with the teenagers' car going faster than the 55 mph speed limit.

The Kentucky teen driving accident took place around 7pm when Petitfrere lost control of the white Toyota Camry and drove off the narrow two-lane road, striking a rock wall and hitting a tree head-on. Three of the Kentucky car crash victims had to be extricated from the Toyota. Stuckey, who was sitting in the front-passenger seat of the car was pronounced dead at the crash site.

Dangers of Speeding
• Speeding is a contributing factor in over 30% of deadly US traffic accidents.
• It occurs on freeways and on local streets.
• You can be speeding even if you are abiding by the posted legal limit if the weather conditions warrant that you drive slower.

Speeding Facts by the Insurance Institute for Highway Safety
• Speeding played a role in than 13,000 motor vehicle fatalities in 2007.
• 88% of traffic fatalities where speeding was involved took place on Interstate highways.
• 24% of speeding-related deaths occurred on roads with speed limits posted at 35 mph or lower.

If you were seriously injured in a Kentucky car crash, retaining the services of an experienced Lexington car accident lawyer can make obtaining your financial recovery a lot easier. Your Kentucky personal injury team can work with accident reconstructions and other accident experts who can help determine whether speed or another factor was the cause of your deadly Lexington auto accident.

Students grieve after crash kills, injures Bryan Station classmates, Kentucky.com, April 28, 2009

Related Web Resources:
National Highway Traffic Safety Administration

Teen Drivers

Continue reading " Lexington Teen Driving Accident: One Kentucky High School Student Dies and Three Others Are Seriously Injured" »

In Jefferson Circuit Court, two people who got hurt when a stairway in a Louisville building collapsed are suing the owners of the century-old building for Kentucky premises liability. The Louisville personal injury accident occurred on March 3 when Alan DeLisle and Pattie Clare took a tour of the Fort Nelson property with owners Paul and Carolan Bariteaus. DeLisle oversees Louisville’s downtown development and Clare is his chief deputy.

The stairwell fell two stories, and Paul Bariteau, Clare, and DeLisle became trapped beneath the debris. Carolan was able to arrive at the 3rd floor before the stairway dropped out. She was rescued by firefighters.

According to the Louisville premises liability lawsuit, the Bariteaus should have been aware the structure was not safe, should have maintained the building, should have repaired any hazardous conditions, and should have warned the victims of possible hazards. The two metro workers are seeking a jury trial and compensatory damages. Their lawsuit also names Forte Development Inc. as one of the Louisville premises liability defendants.

According to a spokesperson for Louisville Mayor Jerry Abramson, no city inspectors have been to the building over the last five years because no work occurred on the premise that warranted a safety inspection. The building was constructed in the 1880’s. Paul Bariteau purchased the building over 10 years ago.

If you were injured on another person’s property, you may be entitled to Kentucky personal injury compensation. Examples of some common kinds of premises liability cases, include:

Slip/Trip and Fall Accidents: Slipping, tripping, or falling on the ground because there was an unsafe condition that caused the accident. This can result in painful, debilitating injuries, such as head injuries, neck injuries, back injuries, and hip injuries.

Inadequate Security: A person becomes a victim of a violent crime because there wasn’t enough security or lighting on the property that could have prevented the incident from happening.

Defective Conditions: A person is hurt because of a defect on the property or a defective product on the premise that the property owner could have and should have removed or repaired but failed to do so.

Inadequate Maintenance: A property owner fails to repair an existing hazard on a premise and/or fails to warn patrons or visitors about the danger.

Related Web Resources:
Metro employees sue over stairwell collapse, Courier-Journal, April 14, 2009

Premises Liability Overview, Justia

A Kentucky multi-vehicle collision in Jefferson County has claimed the life of a 16-month-old girl. Daphnie Mangrum was pronounced dead from a traumatic brain injury at a local hospital on Saturday. Mangrum’s mother and two siblings were also injured in the catastrophic Kentucky car crash, which occurred on the Dixie Highway on Thursday afternoon. The three of them are expected to recover.

According to Louisville Metro Police, at about 4:48pm, a Mazda drifted into the center lane, hitting a Dodge Caliber, which then struck a Chevy Lumina before hitting a Dodge Ram truck. Daphnie and her family members were riding in the Lumina. The children in the car were reportedly not properly restrained. The driver of the Mazda and the Lumina were transported to hospitals. West Point resident Janet Crowell, who was driving the Dodge Caliber, was pronounced dead at the crash site.

Traumatic Brain Injuries
• Motor vehicle crashes are the number one cause of TBI’s, followed by fall accidents and athletic injuries.
• Every 15 seconds, someone sustains a TBI.
• TBI’s occur when there has been a jolt or blow or a penetrating injury to the head.
• 1.4 million people sustain TBI’s each year.
• 50,000 people die from TBI’s annually.
• About 2,685 kids, ages 14 and under, die from TBI's each year.

While traumatic brain injuries can range from mild (approximately 75% of TBIs are mild TBI’s) to severe to fatal, there are those who do survive and continue to live with catastrophic TBI’s that require them to receive long-term, specialized care. A TBI can affect one’s senses, memory, and the abilities to communicate, comprehend, and reason, as well as result in personality changes, depression, and changes in behavior.

Living with a serious TBI can be costly and life changing. Losing someone you love because they sustained a fatal TBI can be incredibly traumatic.

16-month-old dies from injury in Dixie Highway crash, Courier-Journal, April 18, 2009

Traumatic Brain Injury, CDC

Related Web Resources:
Brain Injury Association of America

Brain Injuries Overview, Justia

Continue reading "Kentucky Brain Injury Law Firm: 16-Month-Old Girl Dies from TBI Caused by Jefferson County Multi-Vehicle Collision " »

In Kentucky, a Jefferson County grand jury has charged Herbert Lee III with four counts of murder for a deadly Louisville auto accident that killed four teenagers. Lee was 16 at the time of the crash.

Injured in the catastrophic Kentucky auto collision on December 18 were 15-year-old Arron Shields, 16-year-old twins Demar and Jemar Claybrooks, and their 14-year-old brother Marc Claybrooks. All of them were riding in the stolen motor vehicle that Lee was driving.

Police spotted the stolen auto and tried to make Lee pull over. The teenager reportedly refused, resulting in a short police chase and then the fatal accident.

NHTSA Teen Driver Facts
• Motor vehicle accidents is the number one cause of teen driver deaths.
• 6,982 young drivers, ages 15 to 20, were involved in deadly auto accidents in 2007.
• 3,174 teen drivers died.
• 252,000 others were injured.

CDC Teen Driving Facts
• Having other teenagers in the car with a teen driver increases the chances of deadly auto accident occurring.
• Teens with new driver's licenses are a crash risk for the first year that they are allowed to drive.
• Teens lack the experience that older drivers have of assessing potentially dangerous situations on the road.
• Teens are more likely to speed or engage in distracted driving than their adult counterparts.

If someone you love was seriously injured or killed in a Louisville auto crash, you should speak with an experienced Kentucky injury attorney to determine if you have grounds for filing a personal injury claim or a wrongful death lawsuit. Suing for personal injury won’t bring back the person you love, but it can provide you with some comfort to know that the negligent party has been held liable.

Grand jury indicts Ky. teen in quadruple fatal, Kentucky.com, April 15, 2009

Young Driver Traffic Safety Fact Sheet, NHTSA

Teen Driving Fact Sheet, CDC

Related Web Resources:
Teen Drivers, Insurance Information Institute

Teen Driving

Continue reading "Louisville Personal Injury Law Firm: Grand Jury Indicts Kentucky Teenager for Motor Vehicle Deaths of Four Other Teens " »

The Kentucky’s Office of Highway Safety says the number of highway motor vehicle deaths occurring in the state appears to be decreasing. According to early figures, there were 158 Kentucky traffic deaths in 2009 through March 31—21 less fatalities than for the same time period in 2008. Kentucky Transportation Secretary Joe Prather says that 81 of the 158 traffic victims that died this year were not using seat belts.

The state also experienced its lowest number of Kentucky motor vehicle deaths last year with 823 fatalities. This decline reflects the overall decrease in motor vehicle deaths on a national level.

According to the National Highway Traffic Safety Administration, 37,313 people died in US traffic accidents in 2008. This is the lowest number of US motor vehicle deaths to occur in a year since 1961. The report notes that states that have weaker seat belt laws tend to have higher death tolls.

Prather says that Kentucky will take aggressive action during next month’s “Click It or Ticket” Campaign. The National Highway Traffic Safety Administration says that seat belts can decrease the number of front-seat occupant traffic deaths by 45% and by 50% for traffic deaths involving occupants of SUV’s, pickup trucks, and minivans.

Common Causes of Car Crashes:
• Driver negligence
• Distracted driving
• Drunk driving
• Speeding
• Driver exhaustion
• Defective auto or auto parts
• Cell phone use while driving
• Text messaging

If you have been injured in a Kentucky car collision, an experienced Louisville car crash lawyer can help you investigate your case and pursue your claim in a manner that allows you to obtain the maximum recovery possible.

Kentucky highway fatalities declining in 2009, Examiner.com, April 7, 2009

U.S. Transportation Secretary LaHood Announces Record Low Traffic Deaths, Improved State Seat Belt Use, NHTSA, April 6, 2009

Related Web Resources:

Early Estimate of Motor Vehicle Fatalities in 2008 (PDF)

Seat Belt Use in 2008, NHTSA (PDF)

Kentucky Office of Highway Safety

Continue reading "Kentucky Motor Vehicle Crash Attorney: Number of Traffic Deaths Declining in 2009" »

In Kentucky, Michael and Amy Walker are suing two veteran basketball coaches for their son’s wrongful death. Keith Michael Walker, 13, died during the first day of practice in October 2008 while running a drill at Grayson County Middle School.

The couple’s Kentucky wrongful death lawsuit accuses coaches George Meredith and Bill Lee of “acting with reckless disregard” toward their son’s safety and contends that they did not exercise reasonable or normal care. The complaint contends that the two men’s negligent actions contributed to the younger Walker’s wrongful death.

Walker collapsed about 30 minutes into basketball practice. He reportedly had passed physicals to participate n the tryouts. Autopsy results show that sudden cardiac arrest was the 7th grader’s cause of death.The Walkers’ Kentucky wrongful death lawsuit seeks unspecified punitive damages, in addition to damages for lost earning capacity, pain and suffering, medical expenses, and funeral costs.

Grayson County Schools says they believe the two defendants will be exonerated. The coaches’ attorney says heat did not contribute to the teenager’s death and that the two men did not place the teenager at risk of injury.

Personal Injury to Minors
Schools, youth camps, daycare centers, athletic teams, and others charged with the care and supervision of minors can be held liable for personal injury to minors or wrongful death if inadequate supervision or other negligent acts results in a person getting hurt or dying.

In an unrelated incident, the parents Jeffrey Dean Gilpin and Glenna Michele Crockett filed a Kentucky wrongful death lawsuit against the head coach and a number of assistant coaches at their 15-year-old son’s high school after he collapsed during football practice last year. They are accusing the defendants of negligence and reckless disregard contributing to his death.

Recently, Kentucky Governor Steve Beshear signed legislation making it a requirement for high school athletic coaches to undergo sports safety training related to cold emergencies, heat stroke, face, neck, and head injuries, and emergency planning. Beginning the new school year, a trained supervisor must attend all athletic practices and games.

Middle school athlete's death sparks lawsuit, Kentucky.com, March 30, 2009

Parents of Max Gilpin suing football coaches after son's death, WHAS, September 26, 2008

High School Sports Safety Bill Becomes Law in Kentucky, MomsTeam.com

Related Web Resource:
High School Sports Safety Law Passes Kentucky Legislature But Could Have Done Much More, MomsTeam.com

Grayson County Middle School