Grandfather Charles Napier and his two 1 year old grandchildren were struck and killed when a car veered into them Sunday in Florence, KY. A third child and an aunt, Susan Elam, sustained injuries. The adults were pulling the children in wagons along Weaver Road when they were hit. The driver of the Chevy Malibu, Jessica Hood, 22, has not been arrested.

Since the crash, hundreds of residents have called for sidewalks along the road, which leads to the Empire business area and is known to be popular with pedestrians.  This stretch of road has had an unusually high number of crashes in recent years.

An investigation by the police is ongoing.  There is no indication as to what caused Ms. Hood to veer off the road.  The police confiscated her cell phone as a matter of routine in order to investigate whether she was driving distracted.

Although it appears that driver error is to blame here, a full and complete investigation is required to determine whether other potential causes, like mechanical failure and defective equipment or parts, played any role.  The survivors of this accident and the friends and family of those killed will want and deserve answers.

A 15 year old bicyclist was injured this past Sunday evening in New Hope, Kentucky when he was rear-ended by a car driven by 61 year old James Owens. Owens was driving west along New Hope Road and told officers that solar glare prevented him from seeing the teenager ahead of him until it was too late. The teenager was transported to Kosair Children’s Hospital by ambulance from the scene. There is no word yet on his condition.

Details are sparse right now and an investigation is ongoing.  Depending on how the investigation plays out, Mr. Owens could be legally responsible for the cyclist’s injuries.  A full and complete investigation is required in order to determine the cause.

Unfortunately, as the weather warms up and people begin to become more active outside, incidents like this occur.  Hopefully, the teenager makes a speedy and full 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.

BCCN attorneys Vanessa Cantley and Nathan Williams filed a nationwide class action suit in early February on behalf of consumers. The lawsuit targets General Nutrition Centers and Walmart for distributing “nutritional supplements” that were found to contain different ingredients than advertised, including, in some instances, none of the labeled ingredients. Cases against Target and Walgreens are also being reviewed for merit.

The New York State Attorney General’s office found, upon testing, that GNC brand St. John’s Wort contained no St. John’s Wort, but did contain garlic, rice, and remnants of a common houseplant. Similarly, the same brand’s Ginseng and Echinacea found no ginseng or echinacea in either.

Tests of Target’s Up & Up brand Gingko Biloba, St. John’s Wort and Valerian Root showed that none of the supplements contained the advertised main ingredient. Several other supplements were found to have inconsistencies, and to contain ingredients that were not listed, including rice and other vegetables.

Walmart’s Finest Nutrition brand tests showed no main ingredient listed in the following: Gingko Biloba, St. John’s Wort, Ginseng, Garlic, and Echinacea. All supplements were found to contain rice; several contained plant matter. Spring Valley brand supplements tests yielded the same results.

BCCN is currently reviewing and accepting cases against GNC, Target, Walmart and Walgreens on a nationwide basis.

Redspin, a leading IT-security assessor, released a report today putting the Anthem health care personal security breach in context. Daniel W. Berger said in a statement released with the report that the enormity of the hack means that “all breach statistics need to be reported as pre- or post- Anthem.” He went on to say that Anthem’s failure to protect their customers’ personal information has re-defined online security problems and that the costs of the breach could exceed one billion dollars.

Due to a data-sharing agreement between companies, the breach exposed not only Anthem’s millions of customers, but millions more customers on other plans. More than 80 million customers have had their personal information exposed.

The breach’s legal liabilities may extend to more than 50 health insurance companies nationwide. These health insurance companies can be held liable for the breach under state laws as well as under the federal Health Insurance Portability and Accountability Act.

Anthem is coming under fire for not encrypting its customers’ sensitive personal data, which may have made it a prime target for hackers who stand to make millions selling this personal information online.

More than 50 class action lawsuits related to the breach have been filed in less than a month.

Bahe, Cook, Cantley and Nefzger is currently reviewing and accepting cases from consumers that have been injured as a result of Anthem’s failure to protect its customers’ personal information.  We are accepting cases on a nationwide basis.

A former engineer with Takata, the company now embroiled in a recall impacting major car manufacturers including Nissan, Honda, Ford, BMW, and more, has come forward to offer whistle-blowing testimony to the United States Congress regarding the company’s fatal and negligent practices.

Mark Lillie claims that the company had been warned that the ammonium nitrate they used in their designs was unstable and would result in catastrophic failure. Takata has been criticized for continuing to use the chemical compound in replacement designs. In addition, Lillie has said that airbag inflator plants were not up to standard and were unable to properly manage the ammonium nitrate-based airbag inflator design, lacking the expertise needed to create safe products.

More than 24 million cars have been recalled in the wake of the growing number of fatalities associated with the airbags.

 

Complete list of affected vehicles:

Acura: 2002–2003 TL; 2002 CL; 2003–2006 MDX

BMW: 2000–2005 3-series sedan and wagon; 2000–2006 3-series coupe and convertible; 2001–2006 M3 coupe and convertible

Chrysler: 2004–2008 Chrysler 300; 2007–2008 Aspen

Dodge/Ram: 2003–2008 Dodge Ram 1500; 2004–2008 Ram 2500, Dakota, and Durango; 2004–2007 Charger; 2004–2008 Ram 3500 and 4500; 2008 Ram 5500

Ford: 2004–2005 Ranger; 2005–2006 GT; 2005–2008 Mustang

Honda: 2001–2007 Accord (four-cylinder); 2001–2002 Accord (V-6); 2001–2005 Civic; 2002–2006 CR-V; 2002–2004 Odyssey; 2003–2011 Element; 2003–2007 Pilot; 2006 Ridgeline

Infiniti: 2001–2004 Infiniti I30/I35; 2002–2003 Infiniti QX4; 2003–2005 Infiniti FX35/FX45; 2006 Infiniti M35/M45

Lexus: 2002–2005 SC430

Mazda: 2004–2008 Mazda 6; 2006–2007 Mazdaspeed 6; 2004–2008 Mazda RX-8; 2004–2005 MPV; 2004 B-series

Mitsubishi: 2004–2005 Lancer; 2006–2007 Raider

Nissan: 2001–2003 Maxima; 2001–2004 Pathfinder; 2002–2006 Nissan Sentra

Pontiac: 2003–2005 Vibe

Saab: 2005 9-2X

Subaru: 2003–2005 Baja, Legacy, Outback; 2004–2005 Impreza, Impreza WRX, Impreza WRX STI

Toyota: 2002–2005 Toyota Corolla and Sequoia; 2003–2005 Matrix, Tundra

 

BCCN is part of a team of attorneys investigating claims against Takata, car manufacturers and dealerships. BCCN is currently reviewing and accepting cases on a nationwide basis.

A Jefferson County Public School bus was rear-ended the morning of Friday, February 6, while transporting elementary school children to their morning bus transfer depot. Fifteen children were transported to Kosair Children’s Hospital; the bus driver and two children were taken to Sts. Mary and Elizabeth Hospital, where police say they will be kept for treatment and observation.

An 18-wheeler rear-ended the bus, pushing it into an unmarked Shively police car. The bus was carrying 36 passengers at the time. The incident occurred as all vehicles were heading south on Cane Run Road, near Clarinet.

If the initial reports are accurate, the driver of the tractor-trailer will be found at fault, and those injured in the crash will have claims against the driver and his trucking company, if any. 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 those injured, and their families, will have as to why and how this incident occurred. It is always possible that a mechanical failure, defective maintenance or repair, or some other condition was the cause of the wreck. Hopefully, all of those injured make a full and speedy recovery.

The personal information of 80 million or more Americans was stolen in a data breach discovered by Anthem, the nation’s second-largest health care company. The information accessed during the hack includes names, addresses, birth dates, and social security numbers. At this time, the company is claiming no medical information was stolen in the attack. This represents the largest breach of medical privacy in the United States to date.

These types of security breaches, which have become far too common, can result in harms including identity theft, financial loss, and invasion of personal privacy. All too often, stolen personal information ends up in an underground market place for sale to unscrupulous people and companies which use and exploit it. Obviously, this can and does wreak havoc on the lives of innocent consumers. If evidence suggests Anthem failed to adequately protect its customers’ information, then their customers may have claims against them for those failures.

Bahe, Cook, Cantley and Nefzger is currently reviewing and accepting cases from consumers that have been injured as a result of Anthem’s failure to protect its customers’ personal information.  We are accepting cases on a nationwide basis.

Faulty air bags currently recalled by Takata are being blamed for the death of 35 year old Carlos Solis of Houston, TX. The airbags are reportedly responsible for at least five additional fatalities.

More than 20 million vehicles have been recalled due to the airbags; companies joining in the recall include Honda, BMW, Mitsubishi, Mazda, Nissan, Subaru, Ford, and Chrysler.

There is every indication that this recall has been inadequate to protect the millions of drivers who are at risk of death or injury due to this faulty equipment. BCCN is part of a team of attorneys investigating claims against Takata, car manufacturers and dealerships. BCCN is currently reviewing and accepting cases on a nationwide basis.

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BCCN attorney Nathan Williams, along with The Lyon Firm, has filed a class action complaint in federal court on behalf of all Kentucky corn farmers. The complaint, filed November 26th, was brought against Syngenta Corporation for the premature release of a genetically-modified corn seed known as Agrisure Viptera.

Syngenta released the seed before it had received import approval from China, which ultimately resulted in U.S. corn being excluded from the Chinese market. The complaint alleges that domestic corn prices were negatively impacted as a result. Furthermore, it is alleged that Syngenta misrepresented the importance of the export market for corn prices with the intention of encouraging farmers to continue planting MIR 162 corn even though Syngenta knew that MIR 162 had not been approved by China.

There have been numerous lawsuits filed against Syngenta on behalf of corn farmers and other companies across the country.

Bahe Cook Cantley & Nefzger is currently reviewing and accepting cases on behalf of Kentucky corn farmers that sold corn from the fall of 2013 to the present. Feel free to call and speak with one of our attorneys at (502) 587-2002.

In May 2010, chickens on the grounds of Parx racetrack outside of Philadelphia spooked the horse upon which exercise rider Mario Calderon sat.  The horse threw Mr. Calderon off and he died from the injuries he received.  A jury ordered Parx to pay $7.8 million to Mr. Calderon’s family because it found that the track should have known the chickens posed the type of danger that killed him and they allowed them to exist on their grounds.  Just recently, a Pennsylvania appellate court upheld the judgment.

What was Parx’s response?  Make sure their grounds are free from hazards and safer to the people that work and make a living there?  No.  Parx responded by attempting to force all of the jockeys riding at the track to essentially sign waivers of liability.  Parx conditioned the jockeys’ ability to ride at the track on signing the waiver.  The waiver reportedly included terms that required any claims to go through arbitration and limited the authority of an arbitrator to assess damages.  The form also would give the track the absolute ability to remove a jockey from its grounds.

As an attorney who is also a huge horse racing fan, these actions concern me.  Race tracks need take responsibility for their property.  If hazards and dangers exist on the grounds that make it unsafe to those who work or visit there, then address them.  It is pretty common knowledge that thoroughbreds can be high strung animals and prone to getting spooked.  So, why not take a look around and eliminate things that can spook horses, which can seriously injure or kill someone?  Sure, no property owner can make their place absolutely safe, but anything within reason should be done instead of just maintaining unsafe practices and trying to keep those who may get hurt because of them from holding you responsible.

These forced arbitration clauses continue to creep into many aspects of our consumer and work lives.  They show up in credit card, mobile telephone, employment and nursing home agreements or paperwork, to name a few.  They show up in places where the consumer or worker has no true and real bargaining power.  If you do not like it and do not agree to it, then you will not get the credit card, telephone, job or admission into the nursing home.  The problem comes when our courts uphold these one-sided agreements, which has happened all to frequently.  Fortunately, organizations and movements out there exist to fight these insidious clauses.  One such movement is Take Justice Back.  TJB is a pro-civil justice movement that fights the well-funded interests, such as the big businesses and industries, that want to use these clauses.  It sees forced arbitration as an avenue to keep ordinary people from holding these more powerful interests accountable in a courtroom with a jury rather than in an arbitration where the deck is stacked in favor of the company who wrote the clause.

The 7th Amendment of the United States Constitution guarantees us a right to a trial by jury and thereby access to the courthouse when we need it.  Let’s keep it that way.