Kentucky Injury Lawyer Blog

Franklin County Crash Leaves One Dead and an Injured Passenger

Sun, 05 Feb 2012 23:22:39 -0500

Kentucky State Police said 21-year-old Matthew Miller was driving on Woodlake Road when his car left the road and hit a tree. Authorities reported that Miller was not wearing a seat belt, was ejected, and the car landed on top of him.

A 17-year-old passenger in the car with Miller was taken to the University of Kentucky Hospital with injuries.

"On both sides of the roadway, there's about a four foot drop," said Trooper Ron Turley. "They hit a tree, and the vehicle landed right on its top."

Our sympathies and condolences go out to both families of the parties involved. Hopefully, a full investigation looks at all potential causes in addition to driver error. Car wrecks, such as these, often involve complex questions of law regarding insurance coverage. 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.

NHTSA Study Shows How Motorcycle Helmets Save Lives

Sun, 05 Feb 2012 22:42:34 -0500

The National Highway Traffic and Safety Administration (NHTSA) esimates that the use of helmets saved 1,829 lives in 2008 (the date of their last major study on the subject). What is more amazing is that if all motorcyclists had worn helmets, an additional 823 lives could have been saved. The NHTSA estimates that helmets are 37-percent effective in preventing fatal injuries to motorcycle riders and 41-percent for motorcycle passengers. Translated into real numbers, this means that for every 100 motorcycle riders killed in crashes while not wearing a helmet, 37 of them could have been saved had all 100 worn helmets.

NHTSA's studies have estimated that as of 2008 motorcycle helmet use was 63 percent. As of 2008, 20 States, the District of Columbia, and Puerto Rico required helmet use by all motorcyclists. Other States either required only a subset of motorcyclists to use helmets (such as those under age 18), or had no helmet requirement.

Actress Settles Injury Claim Against Television Producers

Sun, 05 Feb 2012 14:09:57 -0500

Justice has apparently been reached in a story worthy of a episode of the popular crim drama, “Law and Order.’’ In a real life injury actress Rosie Perez has settled her personal injury lawsuit with the producers of hit U.S. crime drama Law & Order: Special Victims Unit after suffering an accident on set in 2009.

The actress sustained back and neck area injuries and was forced to wear a brace after she was violently shaken by an extra while shooting an episode for the show.

She filed suit against the show’s production company bosses last year accusing them of negligence in allowing for the conditions for the particular stunt in question to injure her. She insisted they “recklessly and carelessly” failed to provide experienced personnel for the scene.

According to reports, earlier this week, Perez, who was seeking damages in excess of $75,000, reached an agreement with TV executives, according to her representatives. The details of the settlement have not been made public.

Hewlett-Packard Recalls Fax Machines

Sun, 05 Feb 2012 14:08:30 -0500

The U.S. Consumer Product Safety Commission, along with Hewlett-Packard Co has announced a recall of its HP fax 1040 and 1050 machines. Consumers should stop using recalled products immediately unless otherwise instructed. It is estimated that around 928,000 in the U.S. and 240,000 in Canada and Mexico have been sold.

This issue is that the fax machines can overheat due to an internal electrical component failure, posing fire and burn hazards. This far, Hewlett-Packard is aware of up to seven (7) reports of fax machines overheating and catching fire, resulting in property damage. Included in one of the incidents was a personal injury to a consumers finger.

The particular machines at issue were sold at retail stores, computer and camera stores nationwide, and online at various websites from November 2004 through December 2011 for between $90 and $120. Again, anyone with one of the referenced machines should discontinue using it and contact the company for a replacement.

Crash On I-71 In Louisville Turned Fatal

Sun, 05 Feb 2012 07:34:28 -0500

Police are investigating a wreck that killed one person late Sunday night. Witnesses report that around 11:30 p.m. on Interstate 71 near the Watterson Expressway, the driver of a Chevy Corvette was speeding and lost control. The car went off the shoulder and flipped several times.

A passenger in the Corvette died at the scene. The driver was taken to University of Louisville Hospital for injuries. No word on the identity of the individuals or the condition of the driver at this time.

Unfortunately for the driver of the Corvette, if witness accounts are true, depending on the outcome of the investigation, the driver may face both criminal charges arising out of this wreck and civil claims for wrongful death of the passenger. When the driver of a vehicle operates the vehicle recklessly and injures or kills a passenger, he or she may be liable for the damages.

Michael Foods Egg Recall Due To Listeria Contamination

Sat, 04 Feb 2012 19:26:29 -0500

The U.S. Food and Drug Administration (FDA) announced the recall of Michael Foods, Inc. hard-cooked eggs. None of the eggs were sold directly to the public, but instead are used in other products. The recall resulted in a domino-like effect as the retailers who used the eggs in their products, typically salads, began recalling their products. This includes 5.6 oz. plastic containers of Thornton’s Quick Café Chef Salad with an Enjoy By date through2/4/2012 bearing the establishment number P-38518 inside the USDA mark of inspection. These were distributed in Kentucky.

The recall resulted from fears of Listeria monocytogenes contamination. Listeria monocytogenes is a bacterium that can lead to listeriosis. The very young, very elderly and frail and others with poor immune systems are particularly vulnerable. Symptoms of infection can include fever, nausea, stiffness, headaches, diarrhea and abdominal pain. Stillbirths and miscarriages in pregnant women can result from Listeria infection.

Contaminated food is responsible for many injuries and deaths nationwide. Our profession calls this area of law products liability. Consulting an attorney 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 & Nefzger PLC.

Student At Transylvania University Struck In Crosswalk

Sat, 04 Feb 2012 08:16:11 -0500

A Transylvania University student was hit at a crosswalk on campus just before 9:30 a.m. on Friday.

Another student is said to have been driving the car and just did not see the victim.
Police are reporting that the victim sustained head injuries.

The driver will likely face a civil claim for the victim's injuries. When pedestrians are lawfully in the crosswalk and are struck by a driver not paying attention, the driver can be held liable for the pedestrian's damages. Even if a pedestrian is not crossing in a crosswalk, if the driver of the car was driving recklessly and contributed to a crash with a pedestrian, the driver can likewise be held liable. In that scenario, both parties will likely share liability for the damages.

Cynthiana, Kentucky (Harrison County) Car And Truck Accident Claims Life And Causes Serious Injury

Fri, 03 Feb 2012 18:58:32 -0500

Investigating authorities say 49 year old Curtis Becker sustained fatal injuries when he lost control of his Toyota Camry in a curve on Ky. 1054, left the roadway, overcorrected and began sliding into oncoming traffic. A Dodge 3500 truck crashed into the Camry. The truck was driven by an unidentified 66 year old man. He sustained serious injuries and had to be airlifted for emergency care.

Our sympathies and condolences go out to the Becker family. The Becker family and the injured driver of the truck must be asking how and why this happened. Hopefully, a full investigation looks at all potential causes in addition to driver error. Faulty mechanics, design or manufacture flaws and defects and negligent maintenance or repair are just a few of the possibilities. Car and truck wrecks, such as these, also often involved complex questions of law regarding insurance coverage.

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.

HP Pays Penalty for Failing to Report Defective Batteries

Sun, 29 Jan 2012 20:25:10 -0500

The U.S. Consumer Product Safety Commission ("CPSC") announced that Hewlett-Packard ("HP") has agreed to pay a civil penalty of $425,000. The CPSC had alleged that HP knowingly failed to report immediately to CPSC, as required by federal law, that certain lithium-ion battery packs could overheat, posing a fire and burn hazard to consumers.

CPSC alleged that by September 2007, HP knew of about 22 incidents associated with the lithium-ion battery packs. At least two of these incidents resulted in injuries to consumers. HP also was aware that at least one consumer apparently went to the hospital. HP did not notify the CPSC about the incidents or the study until July 25, 2008. By that time, CPSC staff alleges that the firm was aware of at least 31 incidents involving the lithium-ion battery packs.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

Two Injured in Four Vehicle Pile-Up on KY 210

Sun, 29 Jan 2012 20:05:30 -0500

A four vehicle pile-up sent two to the hospital last Wednesday, Jan. 18th. Campbellsville Police reported that Sean Nelson had stopped his vehicle in front of the entrance to Taylor County Animal Shelter when he was rearended by Ricky Judd. Judd's vehicle was then rearended by a 2002 Ford Taurus driven by Andrea Coomer. Coomer's vehicle was then rearended by a pickup truck driven by Ethen Spencer.

Coomer and her passenger, Stephanie Thomas, 26, of Elizabethtown were transported to Taylor Regional Hospital by Campbellsville/Taylor County EMS personnel. Both were treated and released.

Replacement Lawnmower Blades Are Recalled

Sun, 29 Jan 2012 16:47:49 -0500

The U.S. Consumer Product Safety Commission, in cooperation with Blount International Inc., of Kansas City, Mo. have announced a recall of its Oregon® Replacement Lawnmower Blades Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

About 950 of the blades in question were sold; the problem being that the replacement lawnmower blades can break during normal use, which obviously poses a problem for anyone who might be standing nearby. There have been a reported seven (7) incidents of the blades breaking, luckily no one has been injured.

The replacement blades are sold under the Oregon® brand name. "Oregon®," part number "91-003" and "PA" or "PJ" are printed on the surface of the recalled blades.
They are sold at Independent lawn and garden sales and service stores nationwide from January 2010 through September 2011 for approximately $20.

Colorado Sheriff Sued Over Denial Of ADA Rights To Prisoners

Sun, 29 Jan 2012 16:46:43 -0500

Several people — including a deaf man — have joined a lawsuit against Colorado Sheriff Doug Darr over alleged violations of the Americans With Disabilities Act.

The original plaintiffs are Timothy Siaki and his fiancée, Kimberlee Moore, along with the Colorado Cross-Disability Coalition, an advocacy group. The lawsuit allges that Siaki was held in the Adams County jail for 25 days without access to a sign-language interpreter and other devices for the deaf to communicate. The Sheriff's Office has denied the allegations. In a statement the Sheriff's Office said Siaki communicated in written English with the jail staff after his arrest.

One plaintiff was picked up for a traffic violation and put in the jail. However, he was denied any access to communication devices and was not able to call his aunt and legal guardian.

The Colorado Cross-Disability Coalition said it recently has settled similar cases. "Throughout Colorado, sheriffs are breaking the law," said a spokeman. "More than 20 years after the passage of the ADA (Americans With Disabilities Act), sheriffs and police have no policies or procedures for providing sign-language interpreters for deaf persons."

The Sheriff’s department has had no recent comment.

Clay County Wreck Kills Woman, Injuries Her Child

Sun, 29 Jan 2012 08:21:59 -0500

A wreck in Clay County today has reportedly killed one woman and injured two others.

Police have indicated that Sherri Turner, age 39, turned in front of an oncoming car at the intersection of Hwy 80 and Add Hollow Road around 6:30 p.m. She was pronounced dead at the scene. Ashtin Turner, age 4, was a passenger in Ms. Turner's car. The child and the driver of the second vehicle, Sophia Feltner, age 70, were flown to UK Hospital.

Officials say the child is in critical condition. Feltner was listed in serious condition.

The crash remains under investigation. Our hearts go out to all involved.

Parents Of Girl Killed While Texting And Driving On A Mission To Warn Other Teens Of Distracted Driving Dangers

Sat, 28 Jan 2012 13:12:26 -0500

The parents of Alex Brown, a Texas teenager who was killed in 2009 when she lost control of her vehicle due to texting while driving, were recently in Kentucky speaking to teenagers at high schools to warn them of the dangers. As a vivid example, they bring the pickup truck Alex was driving preserved from the day of her accident.

The government web site dedicated to the issue, www.distraction.gov, provides that drivers are 23 times more likely to crash if texting while driving and teenagers, as a group, are more likely than any other to be involved in a fatal crash when texting while driving.

The Browns have spoken to groups in 26 states so far and have engagements into next year already. The foundation they started to carry out their mission is the Remember Alex Brown Foundation.

This spring, the American Association for Justice is planning a Distracted Driving campaign in which lawyers all across the country will simultaneously visit schools to discuss this issue. It will take place over one week in April.

Kentucky Woman Killed In Louisiana Crash

Sat, 28 Jan 2012 08:14:10 -0500

Tiffany Bowmer, age 20, from Florence, Kentucky was killed Sunday in a wreck in Vernon Parish, LA.

The wreck happened just before 4 a.m. on U.S. Highway 171, north of Rosepine.

Police have reported that Ms. Bowmer was traveling in a car driven by 20-year-old Cody A. Bundy, of Burlington, Ky., when Bundy lost control and left the right side of the road, went into a ditch and hit two trees.

Bundy was taken to an area hospital for treatment and reportedly received moderate injuries.

According to police, Bowmer was not wearing a seatbelt and was pronounced dead at the scene.

It is important to note that police often determine a victim was not wearing a seat belt simply because the victim was ejected or otherwise moved from their seat. However, that is not always the case. Often times, a seat belt was not in proper working condition at the time of the wreck, or was not designed to withstand a certain amount of force. An experienced attorney will hire an accident reconstructionist to examine the vehicle, the scene, and all the evidence, to determine how and why the wreck really happened and if the injuries to the victim could have been prevented.