Kentucky Injury Lawyer Blog

Kentucky Car And Truck Wreck Attorney: Owingsville, Kentucky Man Killed

Sun, 29 Aug 2010 19:50:10 -0500

The Kentucky State Police are investigating the death of Clinton Purvis, a 29 year-old man from Owingsville, Kentucky. Mr. Purvis died on August 25 when his 1998 Chevy S-10 pickup truck struck a guard rail causing him to lose control and crash. Police say he was not wearing his seatbelt and was ejected through the passenger window. He was pronounced dead at the scene. Our sympathies and condolences go out to the friends and family of the deceased as they deal with grieving process for this unparalleled loss.

A crash like this raises many questions, such as whether there are causes other than driver error. It is imperative that a full investigation take place to determine if there were any factors at play causing this tragedy that are not readily apparent and to preserve evidence. For instance, my office has seen many accidents where it first was thought and reported that a seat belt was not in use, but later the facts indicate the seat belt was in use, but failed to work properly.

Although the police are conducting an investigation to determine the cause, and they typically good job, it is often important for someone involved in this type of accident, or a surviving family member or friend, to do their own investigation. Hiring a lawyer experienced in handling car wrecks can assure a victim of such a wreck, or the family, that their interests and rights are being protected.

A lawyer experienced in handling car and truck wrecks will know what to do to uncover any underlying causes that do not appear on the surface and may go unrecognized in other investigations.

This consumer protection and accident victim information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Jones PLC. Click here, and it will take you to a page containing biographical and contact information and here to e-mail Will directly.

Kentucky Car And Truck Wreck Lawyer: Sheperdsville, Kentucky Woman Killed On I-65

Sun, 29 Aug 2010 19:42:38 -0500

Kentucky State Police are investigating the death of Marion C. Dickerson, who they say stepped into the southbound traffic lane of I-65 near Elizabethtown and was struck and killed by a tractor-trailor. She was 36 years old.

Our sympathies and condolences go out to the friends and family of the deceased. This death unfortunately adds to the increasing number of fatalities on Kentucky roadways as I have been reporting on here at kentuckyinjurylawyerblog.com.

A lawyer experienced in handling car and truck wrecks will know what to do to uncover any underlying causes that do not appear on the surface and may go unrecognized in other investigations.

Comair Airline Crash Victims Mark Anniversary of Airplane Crash

Sat, 28 Aug 2010 22:07:12 -0500

Relatives of some of the victims of the crash of Comair Flight 5191 held a ceremony in Lexington, Kentucky to mark the four year anniversary of the fatal crash by breaking ground on a memorial. The 17-foot metal sculpture depicting 49 ascending doves is expected to be completed in time for the fifth anniversary next year.

For those who don't know or remember, 49 people were killed when a Comair plane crashed at Lexington's Blue Grass Airport after the pilots took off from the wrong runway.

Fatal Crash Near Jefferson County/Bullitt County Line

Sat, 28 Aug 2010 22:01:40 -0500

Fox41 News is reporting an auto accident death near the Jefferson/Bullitt County line. The fatal car wreck happened just after 8 p.m. at Independence School Road and Oak Grove Road, when a car hit a tree and then flipped. The driver of the vehicle has been pronounced dead.

Apartment Fire Kills Two People

Fri, 27 Aug 2010 11:17:15 -0500

Two people were killed Sunday by an apartment fire in the Portland neighborhood. The fire occurred on the 300 block of North 24th Street. Two dozen firefighters responded to the blaze and had it under control in about ten minutes. However, the firefighters found two persons dead inside the apartment. Reports indicate that the ceiling had collapsed in on the victims.

Man Killed In Crash While Waiting For TARC

Fri, 27 Aug 2010 10:46:47 -0500

Leon Caldwell, 62 years old, was killed Wednesday while waiting at a TARC bus stop. Caldwell was a resident of the 1600 block of 35th Street, in Louisville, Kentucky. His death is attributed to injuries he sustained from being struck by a car. The accident occurred at the corner of 23rd and Hill. Caldwell was waiting at the corner bus stop when a car and a minivan collided at the intersection. The crash caused the car to then strike Caldwell. The reports indicate that the minivan failed to yield the right of way and thus caused the accident.

The family of Leon Caldwell will be able to bring a wrongful death lawsuit against the at fault party of this accident. The claims will include medical bills, potential pain and suffering, and loss of earning capacity. This tragedy demonstrates the importance of driving safely, and the severe consequences of not obeying the rules of the road.

Kentucky Dangerous Drug Attorney: U.S. Department Of Justice Begins International Criminal Investigation Of Drug Companies

Mon, 23 Aug 2010 00:16:48 -0500

Pfizer, GlaxoSmithKline, Merck, Eli Lilly, Bristol-Myers Squibb, AstraZeneca, Baxter, SciClone are a few of the drug manufacturers that the United States Department of Justice (DOJ) is investigating for violation of bribery laws and corruption in foreign markets under the Foreign Corrupt Practices Act. The probe centers around payments from the companies to others, including foreign government officials and doctors. Of interest to the DOJ is any payments that may have influenced clinical trials.

Dangerous and defective drugs are responsible for many injuries and death nationwide. Our profession calls this area of law products liability. Consulting a lawyer experienced in handling these matters is usually easy. Most lawyers will provide a complimentary initial consultation to evaluate a claim or case and let the person know if they can help.

This consumer protection information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Jones PLC. Click here, and it will take you to a page containing biographical and contact information and here to e-mail Will directly.

Mazda Recalling Vehicles for Faulty Power Steering Problems

Sun, 22 Aug 2010 23:18:26 -0500

Well, if you thought you were in the clear with crazy vehicles running out of control due to “sticky gas pedals” or floor mat problems because you luckily didn’t own a Toyota or Lexus, don’t count your chickens before they hatch. Apparently, Mazda has recalled almost a quarter million vehicles for faulty power steering systems. The recall includes 2007 – 2009 model year Mazda 3’s and Mazda 5’s. According to the National Highway Traffic Safety Commission, the steering problems can increase the risk of crash because it involves a loss of power assist, reducing the ability to steer the automobile as intended.

As with the Toyota recall, it appears that Mazda may have been aware of the problem long before making it public in the United States. According to the New York Times, for at least the last year Mazda has been fixing an identical problem in Japan, and has reported to the NHTSC over two years ago that it was investigating the problem. Incredibly, Mazda is contending that because the problem had a low incidence rate in the U.S. they decided to NOT recall the vehicles and simply monitor the problem. Well, while Mazda was “monitoring” the problem, 33 Mazda owners made complaint to the NHTSC about “unintended steering events” (sound familiar?!?). One has to wonder how many other incidents went unreported because owners were unaware that there might be any problem. Seriously, how does “monitoring” a known problem instead of telling people that there is a serious risk make it OK? I wonder how many unnecessary and potentially harmful accidents took place while Mazda was content to “monitor” the problem?

Bowling Green Auto Accident Injures Three

Sun, 22 Aug 2010 22:13:02 -0500

Three people were injured in a single truck accident on KY 936 outside Bowling Green, Kentucky.

Kentucky State Police, Bowling Green, say Arnold Lobb was traveling east on KY 936 when his truck left the side of the road. Mr. Lobb's truck continued east off of the roadway in a grassy area approximately 242 feet before impacting a tree.

After striking the tree, Mr. Lobb's truck continued east in a left spin before overturning and traveling into a group of small trees. the truck came to a final rest upside-down on the side of the road.

Mr. Lobb was air-lifted to University of Louisville Hospital. The two passengers, Christine Lobb & Ovada Ward, were transported to Hardin Memorial Hospital by Hart County EMS.

Nursing Home Industry Spends Big On Kentucky Politicians

Sun, 22 Aug 2010 22:07:28 -0500

The Lexington Herald-Leader is reporting that the nursing home industry gave at least $1.8 million to Kentucky politicians over the last decade while lobbying against bills that would require them to hire more direct-care employees, face higher fines for violations and abide by stronger precautions against elder abuse, among others.

The Herald-Leader examined the industry's campaign donations following stories earlier this summer that revealed systemic gaps in the state's handling of abuse and neglect cases at nursing homes.

Read the whole story in the Herald-Leader by clicking here

Vanessa Cantley, partner with Bahe Cook Cantley & Jones, is an attorney experienced in representing victims of nursing home abuse and neglect. For more information about the rights of individuals neglected or abused in nursing homes, click here to e-mail Vanessa directly.

Wendy Dunaway And Son, Donovan Kelly, Killed In Tragic Fleming County Wreck

Sun, 22 Aug 2010 21:52:28 -0500

Wendy Dunaway, 32, of Owingsville, and her 2-year-old son were killed Saturday after her pickup truck struck a FedEx delivery truck on the Flemingsburg bypass.

Kentucky State Police said Dunaway was pronounced dead at the scene by the Fleming County coroner's office and her son, Donovan Kelly, died later at the Fleming County Hospital.

Stacy S. Rice, 33, of Flemingsburg was the driver of the delivery truck. She was admitted to the Fleming County Hospital overnight for observation.

Police said Dunaway was driving a 1999 Dodge truck westbound on Ky. 32 at Saturday afternoon when she veered into the westbound lane of travel occupied by the Fed Ex truck. Rice tried to avoid a collision by moving as far onto the shoulder as possible, however Dunaway's truck continued veering off the roadway and the vehicles struck head on, police said.

No seat belts or child restraints were in use, police said. There is no word on why Dunaway may have lost control of her vehicle.

This is a tragic situation for all involved, and our condolences go out to the Dunaway family. Unfortunately, the innocent child victim was not properly restrained in a child safety seat. Not only are child safety seats the law, they save lives. The child's family will have a legal cause of action against Dunaway for negligence, and may be entitled to insurance proceeds available on her vehicle and any others in her household.

Bowling Green, KY DUI Accident Leads to Multiple Serious Injuries

Sun, 22 Aug 2010 21:46:54 -0500

A drunk driver pulled out in front of another car on US68 near Bowling Green, Kentucky, resulting in multiple injuries, including one person being life-flighted from the scene to Vanderbilt Hospital.

According to Kentucky State Police in Bowling Green, Wayne Dukes was traveling east on US68 when a vehicle driven by Howard Dunn pulled out in front of him. Mr. Dukes attempted to brake but could not avoid striking Mr. Dunn in the driver's side. The impact forced Mr. Dunn's vehicle to spin sideways 90 degrees, coming to final rest in the passing lane of US68. The vehicle driven by Mr. Dukes came to final rest in the cross-over of US68.

KSP charged the driver of the car who caused the accident, Mr. Dunn, with DUI.

Howard Dunn, Wayne Dukes and a child passenger in Mr. Dukes' car were transported to Bowling Green Medical Center by ambulance. A female passenger in Mr. Dukes' car was air-lifted from the scene to Vanderbilt Hospital.

Two bodies recovered in local apartment fire in Portland

Sun, 22 Aug 2010 21:34:14 -0500

The bodies of two dead people have been found in a single story apartment in the Portland neighborhood of Louisville earlier this evening. The fire happened on the 300 block of North 24th street at about 6:25 p.m. Neighbors report that an elderly couple lived in the apartment, but the identities of the two bodies are not yet known. However, a neighbor who bravely attempted to enter the apartment and search for anyone inside told police that he had seen the elderly gentleman who lived in the apartment return home about ten minutes before the fire started. Leonard apparently risked his own life in an attempt to get into the building and saw what appeared to be a man burning on the floor, but was unable to save him.

Apartment fires, whether they are in single story units or massive, multi-story complexes often involve similar legal issues. This seems to be a sad outcome as it is usually easier for residents of one and even two story complexes to get to safety when compared to apartments with many more stories. However, every fire behaves differently and the size of the structure is only one of many factors to consider in determining the cause and preventability of fire deaths. To find out more about the legal issues involved in apartment complex fires see our earlier posts here, here and here. Attorney Brian D. Cook at Bahe Cook Canltey & Jones PLC would be happy to answer any questions you might have about the legal aspects of apartment fires.

Best Buy's Geek Squad Sued Over Electric Shock

Sun, 22 Aug 2010 16:44:30 -0500

Charles Casey, a former pastor, is suing the commercially popular Best Buy “Geek Squad” computer repair service for allegedly making negligent repairs on his computer. Readers of this blog may recall the Geek Squad by the familiar cars they drive to identify themselves. Apparently, the repairs made to Mr. Casey’s computer caused it to shock him severely as soon as he plugged his printer into it, according to a federal lawsuit filed on his behalf.

Casey, who now lives in Florida with his wife, said in the lawsuit that as soon as he plugged it in, he suffered "a severe electric shock that ran through his body, with tingling in his right hand up to his shoulder, across his tongue and down his left arm."

Casey, who was 73 at the time, suffered injuries to both of his arms, dislocated shoulders, and a need for physical therapy. His wife had to assist and care for Casey, since he couldn't use his arms while recuperating. The suit papers indicate he is seeking $450,000 in damages.

Suit Against School System Alleges Negligence Caused Injuries To Special Needs Child

Sun, 22 Aug 2010 16:42:25 -0500

10-year-old Nicholas Roseberry was struck by two cars going in opposite directions, leaving him with broken bones, cuts and a concussion. Now his mother is suing Fort Wayne, Indiana Community Schools, alleging negligence.

Teresa Davis is the child’s mother who claims that the school district failed to provide her son, then a special-needs student at Study Elementary School, with safe transportation.

Nicholas should have been on a different bus, the suit claims, and also should have been dropped off at the stop at a different time. “We have a special-needs student that did not get special needs” said Ms. Davis’ attorney. Thus far no representative of the school district has commented on this case.

On the second day of school, the boy had been dropped off at a different – and wrong – bus stop, Smith said. Nicholas apparently elected to go to the stop he was let off at the day before and attempted to cross a street and was first hit by a Cadillac headed east. The child bounced off the car’s windshield, according to Fort Wayne police. That sent him into the path of an Aspire headed west on Taylor. The boy ended up underneath the Aspire, where police found him.

Nicholas suffered broken bones in his arms and legs, a concussion, and cuts to his neck and head, according to the lawsuit.

The suit did not claim the exact amount that Ms. Davis is asking for, but according to state law, the amount sought in this type of case cannot exceed $700,000.