Louisville Metro Police are seeking help in the search for a light blue vehicle with possibly a cracked or shattered windshield after responding early Sunday morning to a fatal hit-and-run on Emerson Avenue and Bardstown Road. Investigators have yet to have any witnesses come forward. LMP are asking anyone with information regarding the incident to please contact the Crime Tip Hotline at 574-LMPD (5673).

Kentucky law provides that drivers on roadways owe a duty of care to other drivers and pedestrians to operate their vehicles in a safe and reasonable manner. If the unknown driver is discovered and found to be at fault for causing the collusion that resulted in the death of the man, the man’s relatives may have grounds to bring a wrongful death claim against the driver in addition to a negligence claim. Wrongful death is a cause of action which enables a personal representative, such as a parent, to file a lawsuit against the party that negligently or intentionally caused their relative’s death.  Potentially recoverable damages can include funeral and administrative expenses, loss of services, loss of consortium and loss of power to earn.  The statute also dictates how such damages, if awarded, are to be disbursed amongst the surviving family members.

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.

Police are investigating a serious crash involving four vehicles in Laurel County that resulted in five people needing emergency medical treatment at nearby hospitals. The incident happened early morning on Interstate 75 near exit 41 when a tractor trailer jackknifed in the northbound lane causing an SUV with five passengers slide in front of a nearby vehicle, which resulted in that vehicle crashing into another, and throwing one passenger out of the SUV.  As police continue to investigate, they hope that a crash this serious will serve as a warning to others.

Kentucky law provides that drivers on roadways owe a duty of care to other drivers and their passengers to operate their vehicles in a safe and reasonable manner. In order to prevail on a claim of negligence, passengers and drivers of other vehicles would need to assert and prove that the at-fault driver breached this duty by failing to operate his or her vehicle as a reasonably prudent driver would in similar circumstances. Recoverable damages could potentially include property damage, medical bills, lost wages, permanent disability, and pain and suffering.

While driver error appears to be the cause, a crash as serious as this one warrants a full investigation to determine if any other causes are at play, such as mechanical failure, shoddy maintenance, a poor repair job or defects in the vehicle itself. Hopefully, all of the involved individuals make quick and full recoveries. And hopefully the responsible party or parties have plenty of insurance coverage to make up for the harms and losses that have occurred.

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.

Laurel Olson suffered injuries severe enough to need medical attention at a nearby hospital after being involved in a three-vehicle crash. According to the McCracken County Sheriff’s Department, Cody Bryson was headed west on I-24, when the rear of his Chevy Impala was struck by Allen McClinton, and his two other passengers, causing the vehicle to cross the median, hit a cable barrier and resulting in the striking of Mrs. Olson’s vehicle.

Kentucky law provides that drivers on roadways owe a duty of care to other drivers and their passengers to operate their vehicles in a safe and reasonable manner. In order to prevail on a claim of negligence, passengers and drivers of other vehicles would need to assert and prove that the at-fault driver breached this duty by failing to operate his or her vehicle as a reasonably prudent driver would in similar circumstances. Recoverable damages could potentially include property damage, medical bills, lost wages, permanent disability, and pain and suffering.

While driver error seems the most likely cause, a full and complete investigation should be performed to determine exactly what the contributing factors were and answer all the questions the injured will have as to why and how this accident happened. It is always possible that a mechanical failure, defective maintenance or repair or some other defective condition resulted in the wreck happening. Hopefully, the drivers and their passengers make a full and speedy recovery.

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.

Earlier this week the U.S. Food and Drug Administration reclassified transvaginal mesh implants, which are used to treat female pelvic organ prolapse as high-risk devices. These products must now go through a stringent approval process before being marketed and sold. Vaginal mesh products have contributed to serious complications in women, resulting in erosion and organ perforation, and causing many complaints by patients of pain and severe infection. The implants are now classified as a Class III devices. Thus, the FDA now needs to have more than just written support of the products’ safety as “substantially equivalent” to a product already approved by the FDA in order to be used and sold.

Vaginal mesh devices were previously approved through a much more lenient process in 2002 as Class II medical devices, meaning that several companies, including Johnson & Johnson’s unit Ethicon Inc. and Boston Scientific Corp, among others, were not required to perform any type of clinical testing to support the safety of the devices prior to releasing them on the market. The current cases against Ethicon, now numbering more than 23,000, allege that Ethicon did not provide adequate warnings of the dangers and severe risks of the devices when used to treat pelvic organ prolapse in women. The new requirements give companies that are already making the products about two and a half years to submit their premarket approval application while companies introducing new transvaginal mesh devices for pelvic organ prolapse must submit a premarket approval application before marketing the devices.

This reclassification was undertaken with hopes that it will help address the major risks associated with the surgical mesh implant, and ultimately to improve the lives of women suffering from pelvic organ prolapse. William Maisel, chief scientist for the FDA’s Center for Devices and Radiological Health, said in a statement Monday, “We intend to continue monitoring how women with this device are faring months and years after surgery through continued postmarket surveillance measures.”

Bahe Cook Cantley & Nefzger is currently reviewing and accepting on behalf of women injured by transvaginal mesh.  If you or someone you know are suffering due to a surgical implant of one of these devices please feel free to contact our office for a free case evaluation.

Brandon Netherton and his passenger, Jeremy Terry, both suffered from serious injuries, resulting in Mr. Terry transportation by helicopter to University of Louisville Hospital, where reports indicate he is in critical, but stable condition. The crash happened on Oil Well Road in Barren County when Mr. Netherton apparently failed to negotiate a curve, causing the vehicle to run off the street and flip over. The investigation is still ongoing, however, according to Kentucky State Police, alcohol was involved.

Kentucky law provides that drivers on roadways owe a duty of care to other drivers and their passengers to operate their vehicles in a safe and reasonable manner. In order to prevail on a claim of negligence, passengers and drivers of other vehicles would need to assert and prove that the at-fault driver breached this duty by failing to operate his or her vehicle as a reasonably prudent driver would in similar circumstances. Recoverable damages could potentially include property damage, medical bills, lost wages, permanent disability, and pain and suffering.

While driver error seems the most likely cause, a full and complete investigation should be performed to determine exactly what the contributing factors were and answer all the questions the injured will have as to why and how this accident happened. It is always possible that a mechanical failure, defective maintenance or repair or some other defective condition resulted in the wreck happening. Hopefully, the driver and his passenger make a full and speedy recovery.

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.

Israel Phillips and his passenger, Andrea Futrell, suffered injuries severe enough to require emergency medical treatment at a local hospital. The crash happened on John Puryear Drive close to the Five Star. The McCracken County Sheriff’s Department is investigating and according to the information released by it, a vehicle driven by Terry Babb attempted a turn and pulled out in front of the vehicle driven by Mr. Phillips. Mr. Babb reported not seeing the Phillips vehicle until already into its lane of travel.

Kentucky law provides that drivers on roadways owe a duty of care to other drivers and their passengers to operate their vehicles in a safe and reasonable manner. In order to prevail on a claim of negligence, passengers and drivers of other vehicles would need to assert and prove that the at-fault driver breached this duty by failing to operate his or her vehicle as a reasonably prudent driver would in similar circumstances. Recoverable damages could potentially include property damage, medical bills, lost wages, permanent disability, and pain and suffering.

While driver error appears to be the cause, a crash as serious as this one warrants a full investigation to determine if any other causes are at play, such as mechanical failure, shoddy maintenance, a poor repair job or defects in the vehicle itself. Hopefully, all of the involved individuals make quick and full recoveries. And hopefully the responsible party or parties have plenty of insurance coverage to make up for the harms and losses that have occurred.

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.

I-71 Southbound was closed for multiple hours on Thursday morning after a semi-truck crashed into four vehicles, losing its steel load as a result of the wreck.  A large steel beam was amongst the items that spilled from the truck after the collision.  Shortly after that crash, a domino effect caused two other wrecks on I-71 Southbound, each involving three vehicles.  These pileups resulted in a very complicated mess on the interstate.  At least four people were taken to hospital for injuries following these crashes.

Although the cause of the crash has not been released, it is possible that the truck driver, or the driver of another vehicle, may be at fault.  Often motor vehicle collisions are caused by negligence or recklessness.

Kentucky law stipulates that drivers on the roadways owe a duty of care to other drivers and their passengers to operate their vehicles in a safe and reasonable manner. In order to prevail on a claim of negligence, the passengers and drivers of other vehicles would need to assert and prove that the at-fault driver breached this duty by failing to operate his or her vehicle as a reasonably prudent driver would in similar circumstances. Recoverable damages could potentially include property damage, medical bills, lost wages, permanent disability, and pain and suffering.

The Kentucky State Police and Butler County Sheriff’s office are investigating a deadly bus crash that occurred Monday afternoon near the intersection of Provo Road and Kentucky Highway 70 on Rochester Road.  The police say five-year-old Jaden Hawkins was struck as he was crossing the street just after getting off the bus.  Butler County Coroner Marty Jones says the boy was pronounced dead at the scene about 15 minutes later.  According to news reports, the bus stop was a scheduled stop regularly used by Jaden.  Butler County Schools released a statement around 6 PM which explains that the bus driver involved in this incident, Janine Dockery of Morgantown, has been employed with the school district for 18 years.  The School District is cooperating with the police and the bus has been confiscated for investigation.

If it is determined that the bus driver was not operating the vehicle with reasonable care in the circumstances, he or she may be liable under a theory of negligence for the child’s death and the damages caused.  A bus driver that transports students owes a duty of care to make sure that the students do not get injured.  Common carriers, such as bus drivers, are held to a higher standard of care than those operating normal motor vehicles.  Given KSP’s indication that the boy was struck during a scheduled unloading, it is possible that the driver breached the standard of care owed to the child.  Additionally, if the investigation reveals any negligence by the Butler County School District, the school district could also be liable for the child’s death.

If the bus driver is found to be at-fault for causing the collision that resulted in the death of Jaden Hawkins, it is possible that the boy’s relatives may have grounds to bring a wrongful death claim against the driver in addition to a negligence claim.  Wrongful death is a cause of action which enables a personal representative, such as a parent, to file a lawsuit against the party that negligently or intentionally caused their child’s death.  Potentially recoverable damages can include funeral and administrative expenses, loss of services, loss of consortium and loss of power to earn.  The statute also dictates how such damages, if awarded, are to be disbursed amongst the surviving family members.

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.

Bahe Cook Cantley & Nefzger is currently offering free case evaluations to men who may have suffered cardiac problems due to their use of testosterone therapy medications, such as AndroGel.

More than 2,200 cases have been filed on behalf of men who have suffered heart attacks, strokes, and other cardiovascular complications after using testosterone replacement medications.  These cases are currently pending in a Multi-District litigation in the U.S. District Court for the Northern District of Illinois against both manufacturers and distributors of the Low-T drugs.  The lawsuits allege strict liability for design defects and failure to properly warn consumers, as well as negligence, breach of warranty, fraud, and unjust enrichment, among other things.

On March 3, 2015 the U.S. Food & Drug Administration ordered manufacturers of prescription Low-Testosterone medications to modify their labeling practices in two ways.  First, the labels must include a warning of the association between using testosterone replacement therapy and an increased risk of heart attack and stroke.  Second, the labels must clearly state that the drugs have not been proven safe or effective for treating low testosterone levels in aging men.

Men who allegedly suffered heart attacks, strokes, deep vein thrombosis, pulmonary embolism or other serious cardiovascular events after using low testosterone replacement drugs may be entitled to compensation for medical bills, lost wages and other damages related to their injuries.

Some of the more popular testosterone therapy medications include Androgel®, Androderm®, Fortesta®, Axiron®, Testim®, Delatestryl®, Depo-Testosterone®, Striant®, Testopel®, and others.  If you or someone you know are using any of these drugs, take caution.  It is also important to be wary of the generic versions of these products.

Our firm is currently investigating and accepting these cases.

A utility van and minivan were involved in a wreck on the 3300 block of Fern Valley Road just before 9:00AM Thursday morning. The two-vehicle crash caused the road to be shut down for several hours while officers investigated the wreck.

A nine-year-old girl who was secured in a booster seat in the mini-van was injured in the wreck. She was taken to Kosair Children’s Hospital where she remains in critical condition. Her mother, who was driving the minivan, was taken to University of Louisville hospital where she was treated for non-life-threatening injuries. The driver of the utility van walked across the street to be treated for minor injuries at the immediate care center.

Louisville Metro Police Department spokesperson Alicia Smiley stated that the utility van was pulling out of a parking lot onto Fern Valley Road when it collided with the minivan. The utility van was overturned by the impact.

The details are sparse right now and it is unclear who is at fault for the wreck. If the driver of the utility van failed to operate their vehicle in a safe and reasonable manner under the circumstances, the victims in the minivan could have a negligence claim against the utility driver for physical injuries and property damage.

The investigating police department should be performing a full investigation, including a reconstruction, as a matter of routine in such a wreck. While driver error is always a prime suspect, things like mechanical error and product defects should be considered and ruled out by the investigation.