Kentucky Injury Lawyer Blog

Chrysler Recalls 469,000 Jeep SUVs Worldwide

Thu, 16 May 2013 13:13:00 -0500

Chrysler has recalled 469,000 Jeep SUVs worldwide due to a cracked circuit board issue that could force the vehicles into neutral. The crack in the circuit board causes a faulty signal when the vehicles are being started. If they shift into neutral they can roll away. So far, 26 crashes and 2 injuries have been reported. The recall affects 2005 to 2010 Jeep Grand Cherokees and 2006 to 2010 Jeep Commanders. Vehicle owners will be notified, and they can take their SUVs to a local dealership for updated software to fix the problem.

Kentucky City May Ban Pit Bulls

Thu, 16 May 2013 13:10:25 -0500

Officials in Flemingsburg, a northeastern Kentucky city, are considering a ban on pit bulls. The city’s Mayor, Marty Voiers, reported that the city has received numerous complaints about the dogs attacking and chasing residents. The current ordinance allows the dogs but requires that they be registered.

On Monday, the City Council unanimously voted to ban pit bulls from the city. However, a second vote is needed before the change would become final. The City Council will meet again on June 10. If the ban is approved a second time, it will take effect thirty days later.

City ordinances such as these are important in dog attack cases because they allow the victims to bring negligence per se claims against the owners. This means that the owners may be found negligent as a matter of law based solely on their violation of the local ordinance.

Tenth Plaintiff Joins Suit Against Former Detective Crystal Marlowe

Sun, 12 May 2013 15:48:46 -0500

A tenth plaintiff has joined a lawsuit against former Louisville Metro Police Detective Crystal Marlowe and former Chief Robert White, claiming he was wrongfully charged with a crime he could not have committed.

Dale Todd, represented by Bahe Cook Cantley & Nefzger PLC joined a lawsuit Monday with nine other people who allege Marlowe lied in court or coerced false identifications from witnesses, leading to their wrongful arrests.

In January 2011, White fired Marlowe after concluding her "blatant disregard" for rules had discredited the department and led police to charge the wrong people. She has filed an appeal with the Police Merit Board. According to an internal investigation of Marlowe, she influenced a witness into picking Todd out of a photo lineup as the man who assaulted him in October 2009 because she believed he was responsible for the crime.

After the victim said he was over 50 percent sure Todd was one of the attackers, Marlowe asked him how much more certain he was, according to an audio of the interview police reviewed. The victim, according to police, said maybe he was 70 percent sure and Marlowe then said he was 75 percent positive and had him sign a form indicating he had identified Todd.

However, Todd, a juvenile at the time, could not have committed the assault because he was in the Louisville Metro Youth Center on another charge when the attack occurred. Police found Marlowe had violated eight counts of standard operating procedure . The charges against Todd were dismissed once it became apparent he had an alibi.

Lawsuit Alleges Beatings At North Carolina Prison

Sun, 12 May 2013 15:46:27 -0500

A federal lawsuit filed for eight inmates at North Carolina's Central Prison accuses correctional officers used "blind spots" out of view of security cameras to beat and stomp restrained inmates.

A complaint filed in U.S. District Court says the beatings all occurred in "The Hole," a special unit for inmates kept in solitary confinement for disciplinary infractions. The lawsuit alleges inmates handcuffed and shackled were beaten so badly that one lost sight in an eye and another cannot walk.

The lawsuit names as defendants 21 correctional officers accused of participating in the abuse, and the current and former wardens at the maximum security prison in Raleigh.
Department of Public Safety spokeswoman Pam Walker said the agency would not comment on pending litigation.

Ice Cream Recalled Due to Possible Allergens

Sun, 12 May 2013 08:28:58 -0500

Dairy Fresh, a dairy company in Winston-Salem, NC, is recalling an ice cream distributed to 10 states because the product doesn't identify possible allergens due to the ice cream being packed in the wrong containers.

Dairy Fresh said it is recalling some IGA Brand Vanilla and Chocolate in a 1.75 quart package. The product is actually Heavenly Hash ice cream that may contain almonds, coconut and soy. The containers have plant code of 3783 and a sell-by date 08-13-13. The company also is recalling containers with sell-by dates between 06-08-13 and 08-27-13.

The recalled affects ice cream sold in North Carolina, Florida, Georgia, Kentucky, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia.

Officials are aware of at least one consumer who had an allergic reaction after eating the ice cream.

One Killed, Two Injured in Wrong-Way Watterson Expressway Wreck

Sun, 12 May 2013 08:18:26 -0500

Louisville Metro Police authorities are reporting that a Saturday night wreck has left one dead and badly injured two other people. The wreck occurred when a man driving the wrong way on Interstate 264 collided with a second car Saturday night, killing the man and badly injuring two other people, Louisville Metro Police said.

The man was driving a Chevy Cavalier eastbound in the westbound lanes between Cane Run Road and Bells Lane when it struck a Cadillac about 8:30 p.m., according to a police spokesman.

The man suffered fatal injuries, while a female passenger in the car with him was taken to University Hospital in critical condition. The driver of the Cadillac also was transported to the hospital and was listed in serious condition.

Why the man was driving the wrong way is unknown. Police are investigating and said nothing has been ruled out, including excessive speed and alcohol. Toxicology results from the crash are pending and investigators do not know yet why Sharp was driving in the wrong direction.

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.

Krinos Foods, LLC Recalls Tahini Sesame Paste

Fri, 10 May 2013 10:49:52 -0500

Krinos Foods, LLC is voluntarily recalling its Tahini sesame paste, because it may be contaminated with Salmonella, an organism that causes fever, diarrhea, nausea, vomiting and abdominal pain. Salmonella can cause serious and sometimes fatal infections in young children, the elderly or people with weakened immune systems. The product was distributed nationwide through retail stores.

The product is sold in1 LB glass jars, 2 LB glass jars and in 40 LB plastic pails. The UPC codes are as follows: 1 LB jar is 0-75013-28500-3, 2 LB jar is 0-75013-28510-2 and 40 LB pail 0-75013-04018-3. The recalled lots have a code stamped on the lid between “EXP JAN 01 – 2014 up to and including EXP JUN 08 – 2014” and “EXP OCT 16 – 2014” up to and including “EXP MAR 15 – 2015”. Consumers should discard the product immediately and contact Krinos Foods for a full refund.

I-71 Rollover Claims the Life of a Pregnant Woman

Fri, 10 May 2013 09:37:55 -0500

A rollover accident on Monday morning at the Gene Snyder and I-71 South interchange took the life of a 31 year old pregnant woman, Latonya Hunt, and left two others in critical condition. Police report a GMC Yukon was traveling about 72 mph on I-71S when the driver lost control after swerving and over-correcting to avoid hitting a semi in the left lane. The vehicle flipped at least three times and came to rest after slamming into a tree. Hunt was lying down in the back seat and not wearing a seat belt. She was ejected from the vehicle. The driver and front seat passenger were wearing seatbelts, and police had to cut them out through the roof of the SUV. They were transported to the University Hospital and remain in critical condition.

Librarian Alleges Harassment

Sun, 05 May 2013 12:05:59 -0500

A former Washington County library worker has filed a civil lawsuit alleging she was a victim of religious and sexual harassment while employed with the county.

Britton Lund is asking for at least $300,000 from the county, according to a lawsuit filed this week in 5th District Court.

According to court documents, Lund began working as the Washington County Library System director in December 2009. Lund alleges in the lawsuit that she was harassed by Washington County Administrator Dean Cox, and that her firing on May 5, 2012, was a result of her complaints of sexual and religious harassment.

According to court documents, Cox, who Lund believes is a member of The Church of Jesus Christ of Latter-day Saints, made "unwelcome religious statements" to Lund, who is described in court documents as a "non-Mormon." Statements allegedly made by Cox included inquiring about a "CTR [Choose The Right] ring," asking Lund if she was going to "fire all the Mormons" after Lund transferred a subordinate and comments made to co-workers about Lund being a "democratic, gay-loving liberal that would never succeed in this county."

Lund said Cox also sexually harassed her by making "unwanted gender-based comments," including alleged "double-entendre" comments that were sexual in nature, and telling Lund that she would be a good representative for the city because she was "attractive." Cox allegedly made comments to co-workers about Lund’s appearance, according to the lawsuit.

Testimony Moves Jury In Negligent Road Design Case

Sun, 05 May 2013 12:04:53 -0500

Steve Price didn’t recognize the crumpled car in the middle of N.C. 49 – until he focused on the Mercedes emblem on one wheel.

He started to run for the wreck, but a police officer grabbed him.
“Where you going, boy?” the officer said.

“That’s my wife’s car!” Price shouted.

Price’s riveting testimony came Thursday in a Mecklenburg courtroom, during the second week of a civil lawsuit against Crescent Resources. The suit accuses the company, which developed the posh Palisades community off N.C. 49, of negligence by not installing a traffic light at a dangerous intersection with Riverpointe Drive and Grand Palisades Parkway.

It was there at about 6 p.m. on April 4, 2009, that Price’s 45-year-old wife, Cindy Furr, and 2-year-old daughter, Macke, turned left from Riverpointe to go their church. In an instant, Furr’s Mercedes was rammed by a Mitsubishi Eclipse as it raced another car on N.C. 49.
Furr and Macke were killed. Hunter Holt, a 13-year-old passenger in the Mitsubishi driven by Tyler Stasko, died the next day.

Price and Hunter’s parents, Dan and Lisa Holt, are asking for $5 million for each of the victims.

Jessamine County Crash Injures Motorcyclist

Fri, 03 May 2013 09:35:58 -0500

A motorcyclist was injured in Jessamine County when a car crashed into the bike and then hit two other vehicles. According to police, the motorcyclist was stopped in traffic on South Main Street when another vehicle crossed the center line and hit the bike head on. The vehicle did not stop and traveled into a nearby car lot, crashing into another car and bus.

The motorcyclist was taken by ambulance to the University of Kentucky Hospital with non-life threatening injuries. The driver of the other vehicle may face charges pending the results of toxicology tests.

Patient's Face Catches Fire During Surgery

Fri, 03 May 2013 08:48:51 -0500

A Knox County woman, 55 year old Clara Brewer, underwent a temporal lobe biopsy at Knox County Hospital when her face caught fire, resulting in severe third-degree burns. According to Brewer's family, the doctor used a cauterizer to close a wound which caused a spark and created a dangerous reaction with the oxygen. Brewer was taken to the University of Kentucky Hospital and spent several days in the burn unit. She is now back home recovering but continues to be at risk for infection.

Knox County Hospital has declined to comment on the situation, except to confirm the incident occurred and an internal investigation is being conducted.

Compounding Pharmacies Facing Stricter Scrutiny

Sun, 28 Apr 2013 22:29:11 -0500

Ever since the New England Compounding Company's (NECC) tainted medicine led to the injuries and deaths of dozens, if not hundreds, the U.S. Food and Drug Administration (FDA) has stepped up its efforts at shining a light on a burgeoning problem. Compounding pharmacies are not regulated like other pharmacies.

Since the NECC issue arose, no fewer than six compounding pharmacies have issued recalls for similar problems. Just last week, Nora Apothecary & Alternative Therapies and Balanced Solutions Compounding Pharmacy recalled products due to sterility concerns. If you get any drugs from a compounding pharmacy, it is best to exercise caution.

Sterile Drug Products Recalled by Nora Apothecary

Sun, 28 Apr 2013 21:46:31 -0500

Nora Apothecary & Alternative Therapies has announced a multi-state recall of all sterile drug products compounded by the pharmacy that have not reached the expiration date listed on the product. The recall is being initiated due to concerns associated with quality control processes that present a lack of sterility assurance and were observed during a recent FDA inspection.

The recall includes sterile products that Nora Apothecary & Alternative Therapies supplied to patients and offices of licensed medical professionals. Specifically, the recall includes approximately 95 dosage units of sterile compounded products that the pharmacy supplied to offices of medical professionals located within Indiana. Though some patients that received products from those medical professionals may be live in states other than Indiana. The recall also includes approximately 400 prescriptions compounded for patients within Indiana and four other states: four prescriptions for patients in Illinois; and one prescription each for patients in Ohio, Florida and Tennessee.

The compounded products that are subject to the recall are those products within their expiration date that were compounded and dispensed by the pharmacy on or before Friday, April 19, 2013.

NHTSA Releases Guidelines for Reducing Electronic Device Distractions in Cars

Sun, 28 Apr 2013 21:38:53 -0500

The U.S. Department of Transportation this past week released distraction guidelines that encourage car manufacturers to limit the risk connected to electronic devices built into their vehicles, such as communications, entertainment and navigation devices.

The Department's National Highway Traffic Safety Administration ("NHTSA") guidelines establish specific recommended criteria for electronic devices installed in vehicles at the time they are manufactured that require drivers to take their hands off the wheel or eyes of the road to use them.

The guidelines include recommendations to limit the time a driver must take his eyes off the road to perform any task to two seconds at a time and twelve seconds total. The guidelines also recommend disabling several operations unless the vehicle is stopped and in park, such as:
■Manual text entry for the purposes of text messaging and internet browsing;
■Video-based entertainment and communications like video phoning or video conferencing;
■Display of certain types of text, including text messages, web pages, social media content.

Findings of a new NHTSA naturalistic driving study showed that visual-manual tasks associated with hand-held phones and other portable devices increased the risk of getting into a crash by three times. The study found text messaging, browsing, and dialing resulted in the longest duration of driver's taking their eyes-off-road. Text messaging increased the risk of a crash or near-crash by two times and resulted in the driver's eyes off the road for an average of 23.3 seconds total. Visual-manual activities performed when completing a phone call – such as reaching for a phone, looking up a contact and dialing the number – increased the risk by three times.