Kentucky Injury Lawyer Blog

Deadly I-65 Caused By Semi-Truck Crossover

Sun, 13 May 2012 22:36:56 -0500

A fatal crash involving two tractor-trailers and two passenger vehicles has claimed the life of a Lexington woman. Kentucky State Police said the accident happened on Interstate 65 near the 54 mile marker about 11 a.m. on Sunday.

Authorities are reporting that Jaromir P. Grzejdziak of Illinois was traveling south on I-65 in a 2008 Volvo semi when he lost control of his vehicle, crossed the median, and hit a Honda CRV driven by Judith Boden of Lexington, Ky. An International tractor-trailer operated by Eric Davis of Florence, S.C. and a 1996 Dodge Ram Pickup operated by Michelle Huckleby were also involved in the accident.

Ms. Boden, the driver of the Honda CRV, was pronounced dead at the scene by Hart County Coroner Jeff Roten.

Car wrecks involving semi trucks and commercial carriers often involve complex questions of law regarding insurance coverage. In addition, it is always best to review driver logs, maintenance logs, and other records of the semi-truck operator and company to make sure that all laws and regulations were being followed.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

Massey Energy Sued For Alleged Fraudulent Settlements

Sun, 13 May 2012 15:20:13 -0500

In what can only be called a disturbing and disgusting allegation it appears that Massey Energy officials tricked the families of some Upper Big Branch miners into early wrongful-death settlements that have proven inadequate. This, particularly in light of the safety violations and criminal conduct linked to the fatal April 2010 explosion.

Edith May Willingham alleges that Massey officials, including then-CEO Don Blankenship, "fraudulently induced" her to settle claims regarding the death of her husband,
Benny, who was one of 29 miners killed in the disaster.

The lawsuit names as defendants Massey and Alpha Natural Resources, which bought Massey in June 2011, along with Blankenship, Alpha CEO Kevin Crutchfield and nine other Massey officers and board members.

"It is the plaintiff's belief that the defendants possess information regarding this tragic event that they intentionally withheld from her, while those individuals who were representatives of the company were much better schooled and educated and in a better position to entice Mrs. Willingham into an early settlement," the lawsuit states.

"The defendants, in addition to being in a superior bargaining position, intentionally withheld information from the settling parties and the court that would have been pertinent to their decision-making process," the lawsuit alleges.

The deals were aimed at heading off the formal filing of wrongful-death lawsuits against the company, avoiding lengthy litigation and putting a firm number on the company's potential liabilities..

In the immediate aftermath of the disaster, when word about the company's discussions with families began to leak out, Massey issued a statement that defended its actions, but also warned families about potential legal fees eating into any settlements.

Woman Settles Car Accident Case For $4.5 Million

Sun, 13 May 2012 15:18:49 -0500

A woman catastrophically injured in a 2009 car accident has won a $4.55 million settlement from the state and the estate of the other driver. The other driver, Yong Ae Bowman, then 69, survived the crash. She has since died of unrelated causes.

On Jan. 20, 2009, 65-year-old Reznik, Tarcher's full-time caregiver, was southbound on 101 when Bowman pulled in front of her as she tried to turn left from San Juan Road onto northbound 101.

The plaintiffs represetnatives said the collision broke most of Reznik's bones from her feet to her pelvis. She also sustained a massive brain injury, was bedridden for six months and then in a wheelchair, requiring round-the-clock care, said Boris Efron.

After lengthy hospitalization and multiple surgeries Reznik is now able to walk with a "quad cane" or walker and can drive short distances.

A state official once called the crash "a poster child for the kind of accident we're trying to avoid" Despite these assurances Reznik sued the state and county in 2010, alleging they knew the dangers of the chaotic intersection and did not move quickly enough to remedy a disaster in the making.

Reznik's trial was to have started last week. Monterey County, which was sued because it controls San Juan Road, had already settled for $190,000. Caltrans settled a few weeks before trial and Bowman's estate settled for $610,000 April 6.

Interstate 65 (I-65) Tractor-Trailer Crash Results In Death

Sun, 13 May 2012 08:25:55 -0500

I-65 northbound has been shut down due to a fatal crash that involved two semi tractor-trailers and two other vehicles near the Hart and Barren county lines. The Kentucky State Police report that at least one person in one of the vehicles sustained fatal injuries. The preliminary indication is that one of the semi tractor-trailers crossed over the median.

We will keep monitoring this situation and provide updates as soon as we know more.

Semi Causes Chain-Reaction Fatal Crash Outside Cave City, KY

Sun, 13 May 2012 07:40:04 -0500

A fatal crash involving two tractor-trailers and two other vehicles closed the northbound lanes of I-65 outside of Cave City Sunday morning.

Kentucky State Police are reporting that a Volvo tractor trailer veered off a southbound lane, crossed the median and a cable barrier, and hit a 2011 Honda CRV head on in the northbound lane. That collision caused a chain reaction crash, as another tractor trailer and a pick up truck slammed into the Volvo semi.

The driver of the Honda, Judith Biden, 62, of Lexington died at the scene.

No charges have been filed. The crash remains under investigation while officers attempt to determine what caused the driver of the Volvo semi to lose control.

One Dead and Another Severely Injured in KY 55 Wreck

Sat, 12 May 2012 12:22:41 -0500

Authorities in Taylor County are reporting that a Columbia woman died in a two-vehicle crash on Wednesday morning. The Taylor County Sheriff is reporting that William J. Hudgins of Greensburg was traveling south on KY 55 in a 2000 Nissan pickup truck. Wilma M. Morgan of Columbia was traveling north in a 2005 Ford.

The Sheriff's office reported that Hudgins crossed the centerline and struck Morgan's vehicle head-on. Taylor County Coroner Terry Dabney pronounced Morgan dead at the scene.

EMS personnel transported Hudgins to Taylor Regional Hospital with severe leg injuries. He was later transported to University of Louisville Hospital.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

Crash On Fern Creek Road Injures Five

Fri, 11 May 2012 07:56:01 -0500

Police are reporting that a Dodge Durango collided with a Ford Fiesta on Thursday, injuring five people. The wreck happened around 5:30 p.m. in the 9000 block of Fern Creek Road. There is no word about the condition of the victims at this time, but none appear to have life-threatening injuries according to Metro dispatch.

People who live in the area of the crash and travel it often indicate that the area is dangerous. In addition to claims against the at-fault driver for negligence, the victims may consider whether the area is unreasonably dangerous such that Metro Public Works should have taken action to make it safer.

Perry County, Kentucky Car Accident Results In Death And Murder Charge

Wed, 09 May 2012 08:36:33 -0500

51 year old Burly R. Combs of Fisty, Kentucky died as a result of injuries he sustained when the car he was a passenger in apparently left the roadway, went over an embankment and into a creek on its top. The driver of the vehicle, 34 year old Donald Combs, also of Fisty, is accused of driving under the influence and has been charged with that, leaving the scene of an accident and murder.

Kawasaki ATV Vehicle Recalled

Sun, 06 May 2012 22:05:16 -0500

The Consumer Product Safety Commission ("CPSC") has announced a recall of approximately 2,000 Teryx recreational vehicles due to an incorrect passenger capacity label that could lead to injury and/or death.

Vehicles recalled are the 2012 Kawasaki Teryx 750 FI 4x4, Teryx 750 FI 4x4 LE, Teryx 750 FI 750 4x4 LE SGE and Teryx 750 FI 4x4 Sport. The recalled vehicles are available in the solid colors green, red, grey, silver, black and camouflage (khaki), and were sold by Kawasaki dealers from August 2011 through March 2012.

The CPSC stated that "the recalled products have been incorrectly labeled as having a higher occupant capacity than is safe."

Taylor County Wreck Kills Two Teenagers

Sun, 06 May 2012 21:32:01 -0500

A tragic head-on crash occured Saturday night on U.S. 68 in Taylor County, Kentucky. Kentucky State Police ("KSP") issued a news release that stated, Justin Atwood, 19, and a passenger in his car, Jade M. Sullivan, 17, died at about 7:08 p.m. in a crash one mile east of Campbellsville.

KSP is reporting that the collision happened when Atwood, driving a 2009 Nissan, was traveling west and attempted to pass a vehicle and pulled into the path of a 2006 Jeep traveling east. The resulting head-on collision caused both vehicles to overturn. Lauren Dyer, 21, of Burkesville, was driving the 2006 Jeep. Dyer was ultimately transported to Taylor Regional Hospital and later to University of Kentucky Hospital where she is being treated for her injuries.

KSP reported that Atwood and Sullivan were pronounced dead at the scene.

While driver error appears to be the clear cut cause here, only by conducting a full investigation can all the true causes be discovered. Faulty mechanics, poor or flawed design, defects in manufacturing and negligent repairs or maintenance should be examined. Furthermore, car wrecks, such as these, also often involved complex questions of law regarding insurance coverage. Hopefully, all responsible parties will have sufficient insurance coverage to pay for the harms and losses they are responsible for causing.

Wongly Jailed Student Will Sue DEA

Sun, 06 May 2012 16:10:36 -0500

In yet another bizarre, unbelievable story a wrongly-arrested California collegian plans to sue the Drug Enforcement Administration for $20 million after spending five days without food and water inside a federal holding cell.

The student, picked up in a drug sweep last month but never charged, said he lost 15 pounds during his ordeal inside a windowless cell — and spent five days recovering at a California hospital.

DEA agents somehow “forgot” the young man was in their custody, with business as usual continuing in the office as Chong screamed for help and started hallucinating.
DEA protocol requires a nightly check of all holding cells, but Chong said no one ever responded to his screams, yet he could hear agents chatting outside the cell.

Sen. Barbara Boxer (D-Calif.) has gottem involved sending a correspondence to U.S. Attorney General Eric Holder asking for a thorough investigation into the bizarre case.
“Please provide me with the results and the actions the department will take to make sure those responsible are held accountable and that no one in DEA custody will ever again be forced to endure such treatment,” she wrote.

Lawsuit Filed Over Winning Lottery Ticket

Sun, 06 May 2012 16:08:48 -0500

When she plucked a winning lottery ticket out of the trash, Sharon Jones' luck changed instantly. The $1 million prize let her pay off debts, give thousands of dollars to her children and buy a gleaming new pickup truck.

Sharon Jones thought she had literally “won the lottery.” However, a judge ruled this week that the money belongs to another woman, who says she threw the ticket away after a lottery machine incorrectly told her it was a loser.

"Why does she have the right to come back after she's already thrown it away and say, 'Oh no. Now that it is a winner, I want the money?'" questioned Jones’ family.

Sharon Jones claimed the $1 million prize last July, turning in a scratch-off "Diamond Dazzler" ticket that the other woman, Sharon Duncan, said she purchased earlier at the Super 1 Stop convenience store in Beebe, about 35 miles northeast of Little Rock.
Duncan told a judge she discarded the ticket after an electronic scanner told her it was "not a winner."

The state Lottery Commission said it is confident its machines work properly. "We've never had a report of a mis-scanned ticket," spokeswoman Julie Baldridge said.

Judge Thomas Hughes ruled that Duncan bought the winning ticket, and that she never abandoned her right to claim the winnings.

Asked what the pair would do if they had to turn over a full $1 million, Jones laughed. "I hope I don't have to answer that question," he said before stating that there's no way they could pay back the money.

Seven Deadliest Driving Days Of The Year

Mon, 30 Apr 2012 18:06:39 -0500

Chris Davis, a Seattle attorney with the Davis Law Group, has performed some interesting research into the peak times of the year for car accident deaths. Days traditionally know for celebrations when the alcohol consumption rate is higher specific days where stress levels are likely to be higher lead the list. The days on the list include:

1. New Year's Eve or Day;
2. Super Bowl Sunday;
3. Daylight Savings;
4. Tax Filing Deadline Day;
5. Fourth of July;
6. Labor Day;
7. Thanksgiving Day.

Additionally, the time between Memorial Day and Labor Day has long been know for its higher rate of fatalities and called the 100 Deadly Days of Summer mainly due to increased alcohol consumption.

This is some very interesting research and conclusions. Now that these days have been identified, maybe there is something that can be done to reduce the accidents and deaths that occur on them.

Man Charged with Murder for Sunday Wreck

Sun, 29 Apr 2012 18:21:16 -0500

Previously we reported here about a fatal wreck this Sunday on Hurstbourne Parkway that was initially thought to be alcohol related. Louisville Metro Police have now said that the alleged drunk driver will be charged with murder for killing the 24 year old woman in the other vehicle.

LMPD has identified the alleged drunk driver as Maynor L. Gonzalez-Munoz. In addition to murder, Gonzalez-Munoz was also charged with driving under the influence and possession of cocaine.

Pedestrian Seriously Injured in Downtown Louisville

Sun, 29 Apr 2012 18:14:10 -0500

Authorities are reporting that a pedestrian who was struck by a car while standing on the sidewalk in downtown Louisville is still recovering from very serious injuries. LMPD reports that a Ford Expedition was going east on Market Street when it ran a light at Market and 1st streets. The Expedition struck a Nissan Altima and then spun and hit a pedestrian standing on the corner.

The severity of the impact threw the pedestrian through the glass of the Metropolitian Urology Building. It is being reported that the pedestrian has life-threatening injuries. At this time it appears there are no charges.