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

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 Louisville woman who says she was the victim of police brutality has been awarded more than $1 million by a Kentucky jury. Maria DeCamillis Raque filed a Kentucky personal injury lawsuit against Strathmoor Village and former police officer James Wilder because she says that Wilder attacked her and filed charges against her for crimes she did not commit.

The incident occurred in October 2003 when a neighbor contacted police complaining about DeCamillis Raque’s son and friends, who she says were playing hide and seek. DeCamillis Raque says that when she told her son’s friends to go home, Wilder grabbed her neck and dragged her into his squad car before smashing her head against the vehicle’s divider and spraying her on the face with pepper spray.

DeCamillis Raque says the beating took place in front of her children. Wilder then charged her with committing felony crimes, including assaulting a police officer, that could have led to her spending 15 years in prison if she had been convicted. DeCamillis Raque says that Strathmoor Village said it would drop the charges against her if she agreed not to file a police brutality lawsuit. During her criminal trial in 2004, it took a Jefferson County jury four minutes to acquit her of all charges.

Apparently, Wilder had been cited in the past for insubordination, using excessive violence against citizens, and getting into altercations with coworkers. He has also been sued in the past for using excessive force. DeCamillis Raque’s attorney says that Strathmoor Village failed to do a proper background check before hiring Wilder and gave him a gun and badge following a 15-minute interview in a parking lot.

Police Brutality
Police officers, FBI agents, and other law enforcement officers are not allowed to use excessive physical or verbal force when dealing with citizens, including suspects, defendants, and persons convicted of crimes. If you are a victim of police brutality, you may be entitled to receive personal injury compensation for the harm that you have suffered.

Examples of Police Brutality:

• Verbal abuse
• Physical assault
• False arrest
• Sexual assault
• Intimidation and threats

Jury Awards Louisville Woman In Police Brutality Case, WLKY.com, August 15, 2008

Related Web Resources:

Police Brutality, Human Rights Watch

Top 5 Police Brutality Videos, Huffingtonpost.com

In Jefferson Circuit Court, Judge Barry Willet has ruled that the two girls that were sitting with Kaitlyn Lassiter, the then 13-year-old girl whose feet were severed while riding the Superman Tower of Power ride at Six Flags Kentucky Kingdom last year, can join in the Lassiter family’s personal injury lawsuit against the amusement park.

Arin Valsted and Blair Johnson are friends of Kaitlyn, and they were sitting next to her when the accident happened on June 21, 2007. They sustained bruises and cuts during the incident and continue to seek counseling. The two girls are seeking damages for medical costs, pain, and emotional trauma.

While the judge is allowing Arin and Blair to join the lawsuit, their parents, who had wanted to sue the Six Flags park for emotional trauma and travel costs incurred while helping their children recover from their injuries, cannot join the suit.

The Lassiter family filed an amusement park accident lawsuit against the Louisville park after a cable that snapped on the ride severed Kaitlyn’s feet. Their lawsuit contends that Six Flags could have prevented the serious injury accident if they had properly maintained the ride. The ride is no longer in operation and state officials are citing a faulty cable and the amusement park operators slow response during the incident as causes of Kaitlyn's serious injuries. A personal injury trial is scheduled to begin in January.

While thrill rides at amusement parks can be a great source of enjoyment for children, they can also lead to serious, even fatal injuries, if a ride malfunctions or a ride operator makes a mistake.

Injuries to Minors
In Kentucky, an injured minor cannot file a personal injury lawsuit without the assistance of a parent, a guardian, or another adult.

Kentucky Kingdom Suit Expands, Courier-Journal.com, August 5, 2008

Judge: Teens can join Kentucky amusement park suit, WHAS.com, August 4, 2008

Related Web Resources:

Factors in ride accident cited, Courier-Journal.com, May 31, 2008

Read the Six Flags Accident Report (PDF), WHAS.com

A good personal injury lawyer can determine whether your child was injured because a driver, a doctor, a product manufacturer, an amusement park, the owner or a business or residence, or another party was negligent.

In Kentucky, Alison Cox Pregliaso, a Louisville mother, is suing Crocs Inc, for her 3-year-old daughter’s personal injuries. Pregliaso’s daughter sustained permanent injuries last month when her foot got caught in an escalator at Hartsfield-International Airport in Atlanta, Georgia. Her daughter was wearing Crocs footwear.

Not only did the shoe get shredded, but Pregliaso says that her daughter’s big toe broke and its skin was ripped off. Pregliaso is suing the company for $4 million in punitive damages.

According to the personal injury lawsuit, filed in Kentucky in federal court, Pregliaso is accusing the manufacturer of trying to blame the children or parents for her Crocs-related injuries. This is not the first time a child has been injured while wearing Crocs. In February, the parents of a 3-year-old injured at John F. Kennedy Airport in New York sued Crocs for $7 million. In another Crocs-related injury accident last September, a 4-year-old Croc wearer got hurt when his foot got caught in a mall escalator.

Earlier this year, the Consumer Product Safety Commission found that there have been at least 77 escalator entrapment incidents since January 2006 involving soft-sided flexible slides and clogs. Although the report did not name Crocs directly, the CPSC said that the shoe line is part of this category of shoes.

In Japan, the Trade Ministry asked the Crocs manufacturer to change its design following 65 complaints of escalator accidents over a six-month period involving mostly children using Crocs and fake Crocs.

If you or your child were seriously injured because of a defective product, it is important that you speak with an experienced Louisville, Kentucky products liability law firm that can help you evaluate your case during your free consultation. A good defective products lawyer can assess whether a defect occurred during the design, manufacture, or marketing process. The responsible party can also be held strictly liable for the injury accident even if they didn’t do anything negligent but the product still proved dangerous for use.

Crocs cited in lawsuit over girl's injuries at airport, AJC.com, July 2, 2008

Crocs and similar soft shoes linked to escalator entrapments, Consumer Report, May 20, 2008

Related Web Resources:

Crocs Inc.

Crocs shoes dangerous on escalators, The Japan Times, April 19, 2008