Kentucky Injury Law Blog

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.

Continue reading "Kentucky Pedestrian Killed by Drunk Driver may be at Fault" »

Most people are aware of the event data recorder devices, or “black boxes,” that are found in airplanes. They frequently provide clues to what may have gone wrong in a plane crash. However, many people do not know that this type of device is also found on many automobiles, particularly those manufactured more recently. These black boxes are constantly processing information regarding the operation of the vehicles the entire time they are running. If an airbag deploys, the information 15 seconds prior to deployment is saved.

This 15-second snippet of information can be very helpful in determining what happened just before and at the time of a car accident. The data recorded includes the rate of speed, whether the accelerator or brake was being applied, the steering direction, and if the seatbelts were in use. Because these data recording devices were originally installed in vehicles as a way for manufacturers to track their performance and diagnose any issues, some manufacturers claim they own the recorded data. However, the data can often be obtained through legal channels to be interpreted by a qualified forensic accident reconstructionist.

This type of information was used in a Louisville, Kentucky wrongful death case that stemmed from a car accident in 2011. Bryan Lee was test-driving a new Dodge Challenger when he ran into a Mercury Sable, killing both passengers on impact. After the accident, Mr. Lee stated that he was only going 60 mph in the 45 mph zone. However, data from the black box showed that the car had reached 102 mph just before the accident and hit the victims’ car at 86 mph.

Another recent case involved Lt. Governor Timothy Murray from Massachusetts. After totaling a government-owned vehicle at 5 a.m. in November, he passed a sobriety test and the police concluded the accident was caused by ice on the roads. When people continued to question him about the accident, Mr. Murray had the data pulled from the black box. Not only did it show that he was driving 10 miles over the speed limit initially, but it also showed that he pushed the accelerator and was traveling 106 mph when the accident occurred. Mr. Murray then changed his story and said he must have fallen asleep at the wheel. He was charged with speeding and not wearing a seat belt, another fact that the black box brought to light.

Continue reading "Black Boxes Help Investigators Determine Kentucky Car Accident Causes" »

Four people were killed in a car accident on January 18, 2012, including a Louisville, Kentucky woman who was attending the University of South Carolina. She was 23 years old. The other victims were also all in their early 20s.

The group had been celebrating the Kentucky woman’s birthday. Witnesses said they had seen the group at various nightclubs throughout the night, including one where one of the victims worked. Around 5 a.m., the driver of the Dodge Charger missed a sharp turn on George Rogers Boulevard in Richland County, South Carolina. The car crashed into a Farm Bureau Insurance building and burst into flames.

Several factors could have contributed to this tragic accident. Because the accident occurred early in the morning after the group had apparently been out at various nightclubs, alcohol is the first factor that comes to everyone’s mind. Adding to this the fact that they were celebrating someone’s 23rd birthday makes this seem even more inevitable. However toxicology reports have not been completed and probably will not be available for a week or two. If the report determines that the driver was intoxicated, action may be able to be taken against the establishments that served him alcohol. South Carolina does not have a specific “dram shop law” like Kentucky does, in which establishments that serve alcohol and allow an intoxicated person to drive can be held liable for personal injuries or damages he or she may cause. But recently the court upheld a verdict with a large award against a nightclub after a patron left, drove his car, and killed someone. So some liability may fall on the nightclubs the victims visited if they were served alcohol and were intoxicated when they left. The families of the passengers in the car may also decide to file wrongful death suits against the driver’s family. No other vehicles were involved, which narrows the fault down to the driver of the Charger.

Another factor that seems to have contributed to the accident was speed. Because the vehicle burst into flames on impact, and because the occupants appear to have been killed by the impact rather than the fire, the car was most likely going at a high rate of speed at the time of the accident. Investigators also think that at least three of the four people in the car were not wearing seatbelts. Whether or not seatbelts could have saved their lives will probably not ever be determined.

Continue reading "College Student from Kentucky among Four Killed in Car Accident" »

On October 25, 2011, a construction worker who was installing sheeting on a roof fell more than 40 feet to his death. Two of his brothers who were also working on the site witnessed the accident. The victim’s wife and brothers have filed a wrongful death lawsuit against a number of entities involved with the job site. While an exact amount has not been given, the attorney for the family said they are seeking a large award.

While the investigation is still ongoing, it appears that strong winds caused the victim to lose his balance and plunge to his death. Initial reports said he was not wearing a safety harness when he fell. Stamford police Captain Richard Conklin later stated the victim was wearing a safety harness, but it was not attached to anything to keep him from falling.

While this accident did not occur in Kentucky or Indiana, the potential legal issues would be the same if the accident had been local. The victim’s family is suing several parties for wrongful death. The lawsuit alleges that the general contracting company overseeing the job was negligent in allowing the workers to be on the roof in the windy weather. This case is similar to the stage collapse in Indianapolis that killed several people. The Indiana State Fair Board and Sugarland, the band scheduled to perform, have been sued because they were allegedly the ones responsible for deciding if the severe weather made the area too dangerous for concertgoers. Negligence does not always result from an intentional act; it can also be unintentional.

The general contracting company in the construction accident is also being accused of not confirming the qualifications of the subcontractor, the victim’s actual employer. While the general contractor didn’t directly hire the company that employed the victim – that was done by another construction company – the lawsuit still holds the general contractor responsible because it oversees the entire job site. The lawsuit also alleges that it was negligent in allowing the workers to be on the roof without the proper safety equipment. Other defendants in the suit also include the victim’s actual employer and the owners of the building on which the work was being done.

Wrongful death suits arise from a variety of situations including car accidents caused by drunk drivers, medical malpractice, nursing home abuse or neglect, negligence, or faulty products. This type of legal action is filed by the victim’s relatives seeking compensation for lost income, medical bills, pain and suffering, emotional distress, and loss of companionship. In the construction case, the victim’s wife is seeking compensation for lost income and loss of companionship and the victim’s brothers want compensation for their emotional distress caused by witnessing their brother’s pain and eventual death.

Continue reading "Family Files Wrongful Death Suit after Construction Worker is Fatally Injured in Fall" »

In April 2010, 29 miners lost their lives and two more were injured in a blast at the Upper Big Branch mine in West Virginia. The former owner of the mine, Massey Energy, sold the mine to Alpha Natural Resources earlier this year. The record-setting settlement will be paid by Alpha, which in return will not face any criminal charges in the explosion.

The settlement will be divided in three parts. Families of the 29 miners killed and the two injured miners will split $46.5 million as compensation for the wrongful deaths and personal injuries that resulted from the explosion. Fines for safety violations at all of the Massey mines that Alpha acquired will be paid with $35 million of the settlement. The remaining $128 million will be dedicated to safety issues, including upgrading equipment, training of employees, and research into future mine safety. Kevin Crutchfield, CEO of Alpha, expressed satisfaction with the settlement, stating, “we’re particularly pleased that a substantial portion of the settlement is going toward furthering miner safety.”

Some families of the miners who were killed were not quite as satisfied with the settlement. One family wanted to know what charges were going to be brought against specific people. Another family member said he wants executives at Massey to be charged rather than just middle management, and he also believes the U.S. Mine Safety and Health Administration (MSHA) should be held accountable. While MSHA representatives said they will review their own handling of the situation, one administrator said they did what they could by shutting down the mine 48 times in 2009. Because MSHA cannot permanently shut down a mine, inspectors had to allow the mine to reopen once the violations were fixed. Families who receive their $1.5 million portion of the settlement are still able to pursue lawsuits, but will have the settlement amount subtracted from any award or additional settlement.

There are multiple parties that could be sued in this situation. The company that owned the mine at the time of the blast, Massey Energy, could be sued as a whole, as well as any of its employees that were involved in the situation. The report issued by MSHA shortly after the settlement showed there were 369 safety violations at the mine in April 2010, 12 of which directly contributed to the blast. A large amount of methane gas and coal dust was built up in the mine, and a spark from unsafe cutting equipment ignited the two. The disaster was made worse by the lack of functioning water sprayers, which could have kept the fire from spreading throughout the tunnels.

Continue reading "$210 Million Settlement Reached in 2010 West Virginia Mine Blast" »

On August 13, 2011, high winds caused a stage to collapse at the Indiana State Fair, killing seven people and injuring dozens more. Multiple personal injury and wrongful death lawsuits have been filed as a result of this tragedy, including 100 claims filed with the State of Indiana. Although the deadline for filing with the state was November 1, 2011, a few more claims that were postmarked on that date but arrived late may be added to the total.

The state of Indiana has a cap of $5 million on what it will pay for the accident, which sounds like a large sum of money, except it has to be divided among numerous victims. The maximum payout per person is $700,000. If this amount is paid out to the seven families whose relatives were killed, that adds up to $4.9 million, leaving only $100,000 for all of the other victims to split, including those who were seriously injured. The state has not decided how the money will be split, only that families of those who were killed and those who were seriously injured will be compensated first.

One of the attorneys representing some of the victims is fighting the $5 million cap with a lawsuit and is questioning whether someone other than the state should be deciding how to divide the money. He thinks having individual cases heard by judges and juries would be fairer to the victims. Another attorney cautions victims to read the fine print if they receive part of the settlement from the state. She says accepting the money may preclude them from pursuing lawsuits against other parties.

In addition to the $5 million from the state of Indiana, a State Fair Relief Fund was established for victims of this accident. This fund is made up of money donated by the public to assist those victims that were hospitalized. Unfortunately, not all injured victims qualify for aid from this fund. An overnight hospital stay before October 2, 2011 is a requirement to receive money from this fund, which Kenneth Feinberg, a compensation specialist said is “a pretty good indicator of seriousness of injury.” Not all victims are seeing it that way. One woman who suffered a head injury and is unable to work for at least 2 ½ months does not qualify because she did not stay overnight. Another man who required knee surgery after October 2nd also does not qualify, even though he is unable to work and is only receiving two-thirds of his pay through workers compensation. The deadline to file a claim for part of the $500,000 remaining from this fund is November 14, 2011.

Continue reading "Deadline Has Passed for State Negligence and Wrongful Death Claims in Indianapolis Stage Collapse" »

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

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