Kentucky Injury Law Blog

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

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

In Johnson County, the father of one of three men who was killed in a Kentucky truck accident involving a Pepsi delivery truck is suing the cola maker and the truck driver for his wrongful death. Eddie Lee Patrick Sr. is seeking unspecified damages from Pepsi Bottling Group Inc. and trucker Rick Brown. The deadly Kentucky truck accident occurred last month when the pick up truck that 21-year-old William Anthony Patrick and two other men were riding were involved in a motor vehicle crash with the truck on US 460.

Also killed in the truck crash were 19-year-old Daniel Pennington and 21-year-old Dustin Lee Rodriguez, 21, who was thrown from the vehicle. Both Patrick and Pennington were burned so badly that they had to be identified using dental records.

Patrick’s Kentucky wrongful death lawsuit accuses Brown of driving the Pepsi truck in a reckless and negligent manner, which caused it to cross over the center line and hit the pickup truck. The truck driver, who also sustained serious injuries in the traffic crash, claims it was the pickup truck that drove into his lane. Also according to the complaint, William Anthony Patrick and Pennington very likely experienced severe suffering prior to their deaths and the younger Patrick might have survived the Kentucky auto accident if the pickup truck didn’t catch fire.

2007 NHTSA Large Truck Accident Facts
• 413,000 large trucks weighing over 10,000 pounds were involved in US traffic crashes.
• These large vehicles made up 8% of the motor vehicles involved in deadly accidents.
• They made up 4% of vehicles involved in motor vehicle crashes resulting in property damage or personal injury.
• 4,808 died in large truck accidents.
• 101,000 others were injured.
• Of the 1,188 deadly Kentucky motor vehicle accidents that occurred that year, 103 of them involved large trucks.

Father Files Lawsuit After Son's Deadly Crash, WKYT.com, March 12, 2009

NHTSA

Related Web Resources:
Truck Accident Laws, Justia

Pepsi Bottling Group Inc.

The son of a Winchester nursing home patient is suing the Winchester Centre for Health and Rehabilitation for Kentucky wrongful death. William Baker died on January 31, 2008 after he developed breathing problems while staying at the long-term care facility.

The 54-year-old nursing home resident had been admitted to the home on January 5, 2008 after suffering a brain aneurysm. According to the Kentucky wrongful death lawsuit, the nursing home neglected to monitor his respiratory condition and failed to suction him, which resulted in his breathing problems. He died at Lexington hospital.

The Kentucky nursing home neglect complaint accuses the long-term care facility of not giving Baker enough medical care and attention while maintaining staffing levels that resulted in incredibly high nurse/resident ratios that could be considered reckless. Among the other allegations against the Winchester Centre for Health and Rehabilitation:

• Failure to properly train and supervise nursing home workers and residents.
• Failure to care for Baker with dignity and respect.
• Failure to properly evaluate his medical needs.
• Failure to provide the patient with the necessary services he required.

Baker’s son says that the nursing home’s negligence lead to his father experiencing serious trauma and ultimately caused his death.

The Winchester nursing home has received a lot of negative publicity lately. It nearly lost its Medicare and Medicaid funding until it achieved compliance last month. It has been sanctioned by both federal and state officials for alleged Kentucky nursing home neglect and abuse citations. It even received a Type A citation, which is the most serious one that the state of Kentucky can issue to a long-term care facility for abuse or neglect.

Winchester nursing home sued in man's death, Kentucky.com, March 5, 2009

Kentucky Nursing Home Abuse Attorney: Winchester Care Facility to Lose Medicare and Medicaid Funding After Receiving Type A Citation for Alleged Abuse and Neglect, Kentucky Injury Lawyer Blog, January 19, 2009

Related Web Resources:
Read the Complaint (PDF)

Winchester Center for Health and Rehabilitation

In Kentucky, the wife of a Louisville man who died after eating at a popular Shelbyville restaurant is suing the eatery for her husband’s wrongful death. David, 72, Maupin died two days after Easter in 2008.

His wife’s Kentucky wrongful death lawsuit accuses the Claudia Sanders Dinner House of serving Maupin tainted food for Easter Dinner. Following the alleged incident, the restaurant shut down for a few days. The North Central Public Health Department found that the hams that were served that day were contaminated with Staphylococcus aureus, which can cause food poisoning.

The plaintiff’s wrongful death lawyer says what may have happened is that a kitchen worker or a cooking utensil was carrying the bacteria, which lead to it spreading to the hams. He claims that the Kentucky restaurant is responsible for Maupin’s wrongful death even if they were not aware that the bacteria had found its way into the restaurant's kitchen.

Staphylococcal Food Poisoning
According for the Centers for Disease Control and Prevention, Staphylococcus aureus can produce seven of the different toxins that can cause food poisoning. Staphylococcal food poisoning is a type of gastronomical sickness. The leading ways that food becomes contaminated with the bacteria is through food workers who are carrying the bacteria or from other contaminated food products or cooking tools. Staphylococcus aureus is known to grow quite well in foods with salt, such as ham. As the germ grows in the food, it creates toxins that can make people sick.

A person who ingests Staphylococcal toxins can become ill within 30 minutes of eating. Food poisoning symptoms can show up as early as one hour after someone eats the contaminated food product. Symptoms may include vomiting, nausea, diarrhea, and stomach cramps. Although usually this type of food poisoning is treatable and recovery frequently occurs within a few days, sometimes, the illness can be serious.

Premises Liability
Restaurants, cafes, coffee shops, fast food chains, and other eateries are supposed to properly prepare their food and make sure that there are no unsanitary conditions on the premise that could contaminate the food and make their patrons sick. Failure to exercise this duty of care could be grounds for a Kentucky premises liability or wrongful death lawsuit.

Wrongful death lawsuit filed against popular eatery, Wave 3, February 18, 2009
Staphylococcal Food Poisoning, Centers for Disease Control and Prevention

Related Web Resources:
Claudia Sanders Dinner House

In Jefferson Circuit Court, Jeffrey Dean Gilpin and Glenna Michele Crockett have filed an amended complaint to their Kentucky wrongful death lawsuit over the death of their 15-year-old son Max Gilpin. The Pleasure Ridge Park football player died in August 2008 after collapsing during a practice session.

His parents are already suing head coach David Jason Stinson and five assistant coaches. Stinson has pleaded not guilty to criminal charge of reckless homicide in Max’s death.

His parents’ original Kentucky wrongful death lawsuit, filed last year, accused the coaching staff at Pleasure Ridge Park High School of reckless disregard and negligence leading up to his son’s death. Now, they want to add athletic director Craig Webb, principal David Johnson, assistant and coach Josh Ligthle as defendants.

Gilpin and Crocket claim that the three men are just as negligent in Max’s death as the original defendants. Their Kentucky wrongful death lawyer says that Web, who was at the practice where the 15-year-old collapsed and is the school’s athletic director, should have known what was going on and shouldn’t have waited 15 minutes after the incident to call an ambulance. Their attorney says Johnson, as principal, failed to properly supervise the athletic director and Stinson. Ligthle is another assistant coach who was at the football practice.

On August 20, 2008, Max, a sophomore, collapsed from heat stroke during the practice session. According to witnesses who were on the field that day, coaches refused to give the high school football players water and made them run extensively even though the heat index hit 94. Max reportedly worked out hard for two to three hours. The Louisville teen died three days later.

Listed as the teenagers' causes of death are multiple organ failure, septic shock, and heat stroke complications. The Jefferson County coroner’s office said Max’s body temperature had hit 107.

More PRP staff may be added to lawsuit, Courier-Journal.com, February 19, 2009

Ky. coach pleads not guilty, SI.com,January 26, 2009

Lawsuit filed in death of PRP football player, Wave3.com, September 25, 2008

Related Web Resources:
Pleasure Ridge Park

Heat Stroke, Medicine.net

In Kentucky’s Letcher Circuit Court, the widow of a coal miner who was killed in a work accident is suing Arch Coal Inc. for his wrongful death. Susie Sturgill, who is Roy D. Sturgill III’s widow, is accusing Arch Coal, one of the country’s biggest coal mining companies, and Cumberland River Coal Co., its subsidiary, for committing safety violations that led to her 29-year-old husband’s death.

On January 8, 2008, Sturgill sustained fatal injuries when the truck he was operating fell down a slope and he was ejected from the vehicle. At the time of the deadly accident, the eastern Kentucky coal miner was working for Bates Contracting. He had only been a rock-trucker driver for a short period of time.

The Office of Mine Safety and Licensing conducted an investigation and determined that the work accident could have been avoided if the Arch Coal subsidiary had been in compliance with Kentucky law. According to investigators, the high wall, which serves as a safety barrier, at the edge of the dump site that Sturgill had backed over in his truck should have been taller and stable enough so that the wheels of the rock-truck could back up against it, rather than rolling on top of it and down the slope some 140 feet. Federal and state regulators issued a citation for the inadequate berm.

The Mine Safety and Health Administration also accused the operator of failing to make sure that equipment operators were using their seat belts. An examination of the truck cab following the work accident shows that Sturgill had not been using a safety belt when the accident happened.

The MSHA posed a $60,000 penalty while accusing the Arch Coal subsidiary of negligence.

Third Party Lawsuits
Third party lawsuits allow Kentucky workers to sue liable parties that are not their employers for their work-related injuries. Kentucky employees cannot sue their employers for personal injury. They can, however, file a workers’ compensation claim for benefits. There may be more than one third party that can be held responsible for your Kentucky personal injury.

Miner's Widow Seeks $37M In Damages, MSNBC, February 3, 2009

Coal Miner's Family Files Wrongful Death Suit, January 31, 2009

Related Web Resources:
Read the Mine Safety & Health Administration's Report About the January 8, 2008 Accident, MSHA.gov

Arch Coal Inc.

The family of a 17-year-old leukemia patient who died in 2007 while waiting for a liver transplant is suing CIGNA Corp. for wrongful death. Nataline Sarkisyan’s family says the insurance company’s initial refusal to pay for her liver transplant caused medical delays that lead to her death.

Following a public protest, Cigna eventually agreed to pay for Nataline’s procedure, but by then, the lawsuit contends that it was too late. She died within hours after the insurer agreed to pay for the transplant.

In their complaint, the plaintiffs are accusing Cigna of unfair business practices, breach of contract, delaying and rejecting legitimate claims, and purposely inflicting emotional distress.

Cigna, however, says the company was never obligated to pay for the transplant because the treatment was experimental, unproven, and not covered under the family’s insurance plan. Cigna says that if Nataline had survived and the procedure had taken place, the insurer was going to pay for it out of the company's own pocket.

Diagnosed with leukemia since age 14, Nataline underwent a bone marrow transplant in November 2007. Complications following the procedure, however, caused liver failure. Nataline’s family asked Cigna to cover her liver transplant, but the insurance company rejected their request. Four doctors appealed to Cigna to reconsider.

Insurance Bad Faith
If you believe that your insurance company was unjustified in rejecting a claim, you may have grounds to file a “bad faith” claim. A Kentucky unfair claims practices lawsuit allows you to pursue damages owed to you under your insurance policy, as well as personal injury compensation and punitive damages.

Calif. teen's family sues Cigna over transplant, Associated Press, December 26, 2008

Leukemia Victim's Family Blames CIGNA For Delays, Courant.com, December 30, 2008

Related Web Resources:

Cigna

Cancer Girl's Lawyer Blames CIGNA For Her Death, CBS, December 20, 2007

A Louisville dentist is pleading not guilty to charges of leaving an accident and reckless homicide following a deadly hit and run auto accident on Friday. Dr. Michael B. Mathis claims that he did not know he hit his ex-girlfriend until he got home.

According to his criminal defense attorney, Mathis’s ex-girlfriend Pamela Fay “attacked” his client at the Clark County Casting and Conservation Club on Friday. Mathis then tried to leave a parking lot in his pickup truck but she attempted to block his vehicle.

One witness says that Fay continued pounding on the truck hood as Mathis tried to drive around her. Fay, who was conscious after the auto accident, told police that Mathis struck her with his vehicle. She later died from internal injuries.

While Mathis says he never intended to “hit and run,” the local prosecutor says investigators are looking into whether the Louisville dentist purposely left the accident site. If evidence surfaces to show that the Kentucky dentist intentionally struck Fay with his car, more serious criminal charges could be filed against him.

Hit and Run Accidents
• According to AAA Foundation for Safety in 2006, 11% of all auto crashes reported to police in the US involved a hit and run accident.
• 60% of hit and run fatalities are pedestrians.
• Between 1994 and 2003, 14,914 people died in hit and run crashes in the US.

Leaving a crash scene is against the law and considered negligent behavior—especially when someone is injured or killed in an auto collision—and could be grounds for a Kentucky personal injury or wrongful death lawsuit. Motorists involved in traffic crashes are supposed to stop at the crash site and exchange contact information, as well as take reasonable action to help anyone who is injured.

Police seek information on fatal hit-and-run, Courier-Journal.com, November 25, 2008

Louisville dentist charged in death of southern Indiana woman, December 6, 2008

Hit And Run Drivers Kill Nearly 1500 People Annually With Pedestrians At Greatest Risk, According To AAA Foundation Analysis, AAA Foundation for Safety

Related Web Resources:

National Highway Traffic Safety Administration

Car Accidents Overview, Justia

Continue reading "Kentucky Accident Attorney: Woman Dies in Hit-and-Run Accident Involving Louisville Dentist" »

In Fayette Circuit Court, the mother of Kiah Milsom, the 14-year-old girl who died of a severe anoxic brain injury after drowning in the pool of a condominium complex in Lexington, Kentucky, is suing Aintree Condominiums Inc. for wrongful death.

Kiah and her friends had trespassed onto the condo complex property on July 20, and they were swimming in the pool at around 4am when her arm got sucked into the pool’s drain. Kiah reportedly was underwater for about 20 minutes until emergency workers, who were summoned, were able to free her. She sustained a traumatic brain injury from the accident and died several days later at the University of Kentucky Hospital.

In her lawsuit, Kiah’s mother Lisa Ann Scott accuses the condo complex owners of negligence and states that they either knew or should have known that the pool drain pump was dangerous. By law, a pool drain is supposed to have a properly secured cover, and the lawsuit contends that the pool’s drain cover was missing.

Premises Liability
Property owners are supposed to make sure that there are no unsafe conditions on a premise that could lead to serious injuries or death. Failure to fulfill this duty of care can be grounds for a Kentucky premises liability lawsuit if someone is injured or dies.

Dangerous Pool Drains
Pool drains have been known to cause serious injury or death if they are not properly covered and secured. Over the past three decades, there have been reports of a number of incidents where children, in particular, have gotten stuck in a pool drain and have been unable to release themselves. Serious injuries have included intestines being pulled from the trapped person’s body, near drownings, traumatic brain injuries, and deaths. It is important that you speak with Kentucky personal injury lawyer to determine whether you have grounds to file a claim against any negligent parties.

Mother of drowned girl sues condo owners, Bluegrassbeat.com, August 22, 2008

Teen dies of injury from pool accident, Kentucky.com, July 27, 2008

Related Web Resources:

The Virginia Graeme Baker Pool and Spa Safety Act

'She Died in My Arms': A Mother's Mission for Safe Pools, ABC News, July 23, 2008

On US 27 close to the Jessamine-Garrard County Line, motorcyclist David Ballard died on Monday morning after being struck by a car. Kentucky State Police say that Danville resident Rita Pradhan, 24, lost control of her vehicle before striking the oncoming motorcyclist. Her car then spun around before striking the vehicle following her.

Ballard, a 52-year-old Danville resident, was declared dead at the accident scene. Prior to his death, there were 57 reported motorcycle fatalities in Kentucky so far this year.

Motorcyclists are prone to serious injuries whenever they are involved in traffic collisions. Even when a motorcyclist does wear a helmet and protective clothing, he or she does not have a great deal of protection to act as a buffer from the impact of colliding with a car, bus, or 18-wheeler truck.

Many motorcycle accidents can result in catastrophic if not fatal injuries that may include road burn injuries, broken bones, severed limbs, spinal cord injuries, and traumatic brain injuries. The medical and recovery costs can be very expensive.

Unfortunately, many people attribute motorcycle accidents to the “recklessness” of the motorcyclist. It is important, if you are a motorcyclist who was injured in a traffic accident caused by another driver’s negligence in Kentucky, that you speak with an experienced Louisville motorcycle crash law firm that can inform you of your legal rights and advocate for your right to financial recovery.

According to the “Hurt” Report:

• About 75% of motorcycle collisions involve another motor vehicle.
• 2/3rds of all motorcycle accidents involving multiple vehicles resulted in a driver violating the motorcyclist’s right of way.
• Defective roadways is the cause of about 2% of all motorcycle crashes.

Garrard Co. Accident Victim Identified, Action News 36, August 19, 2008

The "Hurt" Report (PDF)

Related Web Resources:

Motorcycle Safety, Kentucky Government (PDF)

Kentucky Motorcycle Laws, DMV.Org

Continue reading "Danville Motorcyclist Dies in Kentucky Motor Vehicle Crash Collision on US 27 Near the Jessamine-Garrard County Line" »