Kentucky Injury Lawyer Blog

Aleksandar Dejanovic of Louisville suffered serious injuries after alleged drunk driver Deon Eiland crashed into the rear of Mr. Dejanovic's motorcycle with his car. Apparently, Mr. Dejanovic completed a turn from Shady Villa Drive onto Poplar Level Road when the collision occurred.

Mr. Dejanovic was ejected from his motorcycle and crashed into the Eiland car windshield. Although he apparently was wearing a helmet, he suffered a skull fracture and internal injuries that have left him in critical condition.

Eiland was charged with multiple crimes including DUI, wanton endangerment, assault and resisting arrest. He refused to be tested for his blood alcohol level at the scene or at Metro Corrections.

Let's hope that Mr. Dejanovic can fully recover from his injuries. This appears to be an open and shut case of driver error and the only question is whether there will be enough insurance coverage to take care of the harms and losses suffered by Mr. Dejanovic. Still though, the seriousness of the matter requires a full and complete investigation that explores all factors and possibilities. One question that comes to mind is why the helmet he was wearing did not offer better protection, if possible.

A former high school football player who still struggles with symptoms of brain trauma sued his local school district last week, alleging that his coach and trainer improperly sent him back into games after violent, damaging collisions.

Zachary Alt, 19, of Fawn, also claims in the lawsuit that school administrators shuffled him through classes after a particularly severe head injury, allowing him to graduate though he was barely able to do schoolwork.

"It has been a nightmare, to say the least," said his mother, Megan Alt, at a news conference Thursday. "It has changed my whole family.". The issue of young football players sustaining head injuries has become a hot topic for debate in the last couple of years – resulting in changes in rules of the game and efforts to manufacture safer playing equipment.

Mr. Alt's head injuries were life-altering, his mother said. Since a helmet-to-helmet collision with a linebacker in 2007, the young man has experienced hot flashes, depression, insomnia, nausea, dry heaves and vomiting, she said.

Mr. Alt sat silently through the news conference, his face somber. His lawyer, Robert Peirce III, said the young man's mother would speak on his behalf.

Mr. Alt’s younger brother, who is attending school in the same district has reportedly asked his mother for permission to play football – she has declined to grant that permission.

Kentucky leads the nation on a per-capita basis in ATV deaths. In addition to deaths, many, many Kentuckians are seriously injured on ATVs each year, and a high percentage of those injured and killed on ATVs are children.

While following the ATV safety laws does not necessarily prevent death and serious injury, it can help. And all ATV users should be knowledgeable of Kentucky law. Here are the applicable laws applying to ATV usage in Kentucky:

An all-terrain vehicle (ATV) cannot be operated on any public highway, roadway or the right-of-way of any public highway or roadway. (KRS 189.515)

An ATV is allowed to cross a 2 lane public highway doing so at as close to a 90 degree angle as practical and safe but not traveling on the highway more than 2/10’s of a mile.

An ATV can only be operated on a 2 lane public highway if the operator is engaged in farm or agriculture related activities, construction, road maintenance, or snow removal. These operators must possess a valid operator’s license and comply with all applicable traffic regulations.

Continue reading "Kentucky ATV Law" »

Approximately 20,000 Tots in Mind portable tents will be recalled due to a risk of strangulation. The voluntary recall was announced by the U.S. Consumer Product Safety Commission (CPSC) earlier this month.

The portable tents were sold nationwide from January 2005 to February 2010, UPI.com reports. They are dome-shaped and white with insect screening. Designed to fit over playards, the clips that attach the tent to the top of the playard can break or be removed. Should that happen a child could lift the tent and become trapped at the neck.

CPSC stated that a two-year old has already strangled to death in such a manner. For that reason, consumers have been advised to stop using the tents immediately and contact Tots in Mind to receive replacement clips to secure their tents.

Consumers were advised to stop using the tents immediately and contact Tots in Mind to receive replacement clips that are used to secure the base of the tent to the top rail of the crib.

If you or someone you know has a child that was injured by this or a similar product, you should consider contacting a products liability attorney. They can help you determine if you have a case and can also assist in the preservation of evidence. To consult with Shawn Cantley about these or other issues: Shawn's Mail.

The U.S. Consumer Product Safety Commission (CPSC) voted earlier this week to ban drop-side cribs as part of a larger overhaul of infant-bed safety regulations.

Citing 153 deaths in the past four years, the agency voted 5-0 to ban the cribs, Bloomberg Businessweek reports. The new regulations are the first new regulations that deal with infant beds in thirty years.

The regulations come after various company recalls led to the recall of over 9 million drop-side cribs in the last five years. In May, the Government warned parents to stop using the products because they posed suffocation and strangling risks. According to Bloomber, the new regulations not only ban the sale of new and used drop-side cribs but also prohibit their use in commercial places such as hotels and day-care centers.

Drop-side cribs are an example of potentially dangerous products. Those injured by these types of products might be able to recover for their injuries. This area of law is known as products liability.

If you believe you or someone you know may have been injured by a potentially dangerous product, or have any questions, feel free to contact Brian D. Cook or any of the other attorneys at Bahe Cook Cantley & Jones, PLC.

Tween Brands in conjunction with the U.S. Consumer Product Safety Commission (CPSC) have agreed to a voluntary recall of 137,000 children's bracelets, necklaces, and earrings due to high levels of cadmium in the jewelry.

There are 19 different pieces of "Justice" jewelry being recalled and they all look somewhat like this:

Pictures of all 19 items are available at the CPSC website.

Cadmium is dangerous because it can inhibit brain development in young children as well as lead to bone softening and kidney failure in cases of long-term exposure. Parents should know that the cadmium won't absorb through the skin but the CPSC wanrs parents to stop using the products because it is dangerous if it is bitten on or sucked as small children often do.

The newest recall of the "Justice" jewelry is the second cadmium-related recall this summer. In May, Walmart, Claire's, and Dollar N More stores recalled their Miley Cyrus jewelry due to the presence of cadmium.

The attorneys of Bahe Cook Cantley & Jones represent individuals who have been injured by dangerous products such as the jewelry mentioned above. If you believe you or someone you know may have been injured by one of these products, or have any questions, feel free to contact Brian D. Cook or any of the other attorneys at Bahe Cook Cantley & Jones, PLC.

Yesterday, Matthew Terry, age 22, of the 1200 block of Wolf Avenue, was killed in motorcycle accident. The accident occurred at approximately 8:17 p.m. in the 1500 block of Belmar Drive, Louisville, KY. This is reported to have been a single vehicle accident where it is alleged that Terry lost control of his motorcycle and struck a fence. He was not wearing a helmet at the time of the accident and died of blunt forces.

No other details which could relate to fault in this accident have been released. Whether or not the family of Mr. Terry will have legal recourse, including a potential wrongful death claim, will depend on further details from this investigation and what type of motorcycle insurance coverage Mr. terry had. A toxicology report is pending.

A small child received a traumatic brain injury when a trunk lid marketed by Target fell on the back of her neck. Due to the potential for serious injury, the Consumer Product Safety Commission and Target are recalling 350,000 woven storage trunks.

The child's parents, Eric and Laura Surman have filed a lawsuit over the hinges on the trunk. The standard hinges on the woven trunks can lead to accidental closure and do not meet industry standards of CPSC recommendations for toy boxes, even though they were marketed as such. The Surmans contend that the trunk should have come with warnings regarding the lack of safety features if used as a toy box.

The attorneys of Bahe Cook Cantley & Jones represent families whose children have been injured by dangerous products such as these. If you suspect that your child may have been injured because of a dangerous product, or have any questions, feel free to contact Shawn Cantley directly by clicking here: profile.

For the WTAE Pittsburgh story about the injured girl, click here.

For the government's recall notice, click here.

Due to its ability to become lodged in their throats, many small children are at risk of death or severe injury because of the food they eat. For this reason, the American Academy of Pediatrics is requesting that the FDA require choking hazard labels be placed on certain foods.

At the same time, the academy is urging manufacturers to redesign some of the most dangerous foods, the New York Times Reports. Citing 2001 emergency room statistics, which showed that food caused approximately 60 percent of choking episodes in children 14 and younger, the Academy aptly points out the seriousness of this issue.

With those statistics in hand, Dr. Gary Smith, the lead author of the pediatricians' policy statement on food hazards, pointed out the disparity in regulation of childrens' toys and their food. “You have a SuperBall that by government regulation has to carry warnings telling people it’s a risk to young children and you can’t market it to them, yet you can have the same identical shape and size gumball and there are no restrictions or requirements,” he said.

The attorneys of Bahe Cook Cantley & Jones represent families whose children have been harmed by the unknown dangers of food products. If you have any questions, feel free to contact Shawn Cantley directly by clicking here: profile.

For the full text of the New York Times article, click here.

For another New York Times article on the top 10 choking hazards faced by small children, click here.

Residents of the southern Louisville area around the Beechmont neighborhood have been noticing foul smells for years, but they didn't know what was causing them. Then, on February 1 of this year, they began complaining of strong smelling chemical vapors in their homes, as well as headaches, nausea and other complaints.

Local residents feel that the company responsible for the February 1 chemical/vapor leak, Nuplex Resins, LLC, located at 4730 Crittenden Drive, adjacent to a densely populated residential neighborhood, has been less than forthcoming about what happened and the extent of the problem. Government records show that there have been environmental issues at the plant since at least 2001.

Residents have filed a class action lawsuit in Kentucky state court in Louisville in an attempt to learn the truth about the chemical exposure and, if necessary, to force the company to pay to clean up any environmental damage done to the neighborhood.

Below is a link to a copy of the complaint, which was filed on Friday in Jefferson Circuit Court. The case was assigned case number 10-CI-02081 in Division 8.

For more information relating to the lawsuit, contact attorney Shawn Cantley, who is representing the residents [contact information click here].

Click here to see a copy of the complaint: Download file