Kentucky Injury Lawyer Blog

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.