Kentucky Injury Lawyer Blog

Two Seymour Indiana teenagers were hit by a pickup truck while riding a bike. The accident occurred in Jackson County, IN about 2:00 a.m. The teenagers, Todd Schurman and Zach Grubb, were riding a bike on U.S. 31 a couple of miles from Seymour when they were struck by a truck. Todd Schurman died at the scene of the accident, and Zach Grubb was taken to Methodist Hospital in Indianapolis, suffering from severe head trauma.

While some may question why two teenagers were on a busy road in the middle of the night, the legal reality is that cars and bicyclists share the road, no matter the time of day or night. Because of such, cars and trucks owe a duty to bicyclists to watch out for them and safely share the road with them. This accident cannot be attributed to any party based solely upon whether they were riding a bike or in a motor vehicle. Nor can the accident’s fault be determined solely upon what time of day or night it was. This is a situation which needs a full investigation to determine what went wrong and who is at fault for the death of Mr. Schurman and injuries of Mr. Grubb.

Continue reading "Two Teens On Bike Hit By Truck" »

Toyota's lobbyists claimed last year to have saved the company $100 million by staving off a 2007 U.S. government investigation into acceleration problems.

Toyota and federal agency officials dismissed this claim as an just boasting. But, a closer look at the 2007 investigation, revealed in agency records and internal Toyota e-mails, shows that after federal investigators at the time diagnosed a number of potential dangers in Toyota cars and trucks, Toyota resisted the findings and in the end escaped a broad recall that could have cost millions of dollars.

Investigators with the National Highway Traffic Safety Administration told Toyota in 2007 that the design of Toyota pedals or floor pans could allow floor mats to entrap the accelerator. They saw a problem in Camrys, Priuses, Avalons and Lexus ES350s. Moreover, they believed that any type of floor mat could pose a danger.

But the company, which had developed a "game plan" for handling the inquiry, ignored NHTSA's broad findings and agreed only to a minor recall of a single type of floor mat. The agency, which has the authority to order a recall, did not push for more.

A Louisville grandmother has sued Louisville Metro Police Department after several dozen of them stormed into her home in the southern Louisville suburb of Okolona looking for her son. Sharon Ramage is the mother of Michael Ramage, 32, who police were seeking on an arrest warrant related to alleged child pornography charges. Ramage was accused of taking inappropriate pictures of young men and himself. The charges against him were later dropped entirely.

According to the lawsuit, and LMPD SWAT team of 35 people and a helicopter used a “flash bang” device (an explosive device meant to temporarily blind and deafen people), and a massive battering ram to break into her home. She was then thrown to the floor and had her wrists bound together while a gun was pointed at her. Ramage is 57 years old grandmother and restaurant owner. The lawsuit also alleges that invasion and take down aggravated a prior surgically repaired knee.

The case raises some interesting issues. For example, the suit seeks punitive damages against the police. While claims against the police and other government officials can be very difficult to be successful with due to sovereign immunity issues, the addition of seeking punitive damages will make the case even more difficult. In addition, it appears that Ms. Ramage’s attorney has also filed a motion asking the judge to find, as a matter of law, that she is entitled to win her case without it ever being heard in front of a jury. This is a common tactic for defendants to use in cases, attempting to get courts to throw out cases before they make it to a trial. However, for a plaintiff to attempt this maneuver will be interesting. We’ll try to keep you updated on what happens.

A semi-truck wreck on I-75 in Whitley County, Kentucky resulted in a semi being engulfed in flames and two people being injured.

Kentucky State Police in London, Kentucky report that a teal (blue/green), 2000, International, tractor-trailer, operated by Aleata L. Butts, 34, of Milledgeville, GA was traveling southbound on I-75 when it approached a slower moving blue and gray, 1988, Ford, Econoline, van operated by Donald E. Springman, 81, of Blanchester, OH. The tractor-trailer struck the van in the rear before striking a guardrail, a concrete bridge side rail and then becoming engulfed in flames. The van did not catch fire.

Both operators sustaine injuries. Mr. Springman was transported to the Baptist Regional Medical Center in Corbin for treatment.

Seat belts were in use and no drug or alcohol use was suspected.

The House Judiciary Committee this past Thursday cleared a bill that is allegedly intended to curb frivolous lawsuits filed by inmates at Kentucky’s various prisons. The Committee approved the legislation, clearing the way for it to reach a full vote in the House of Representatives. The legislation is purportedly an attempt to keep prisoners from filing these so-called frivolous suits unless and until they have exhausted all available administrative remedies to resolve any complaints. The Bill, SB 32, has already passed through the Senate on a 38-0 vote.

At this point the bill applies only to the Kentucky Department of Corrections and it employees, a division of Kentucky’s state government. A former jailer in the Kentucky State Senate, Republican John Schickel of Union, says that private contracting companies who also run several prisons in Kentucky, such as Corrections Corporation of America, would also be protected from suit by the bill. It appears that the bill would also apply to local correctional facilities such as city and county jails.

Continue reading "House Bill to curb "frivolous" prisoner lawsuits passes out of committee in Kentucky House" »

A Philadelphia jury last week awarded a judgment that included $5 million in punitive damages against Jeanes Hospital and a Wyncote nursing home in what has been described as a very rare award of punitive damages in such a case. The case was brought by the estate of a man who ultimately died after developing bedsores while at both facilities.

The damages - $1.5 million against Jeanes and $3.5 million against the Hillcrest Convalescent Home were awarded to the widow of Joe N. Blango. The awards will go to Mr. Blango’s estate.
It has been widely thought and commented on by experts in the filed of Philadelphia Nursing Home Negligence litigation that this award may very well be the first of kits kind in the greater Philadelphia area.

Rebecca Harmon, a spokeswoman for Temple University Health System, which owns Jeanes, said Temple would appeal the verdict stating "There is not one shred of evidence to support any liability in this case as it relates to Jeanes Hospital, and the contemplation of punitive damages is simply inexplicable," she said in an e-mail. "We're very proud of the high-quality care provided to patients each and every day at Jeanes Hospital."

In what is shaping up to be an “adversarial” type investigation into the Toyota Motor Corporation it has been revealed that in 2007 Toyota's Washington lobbyists used as material to brag to their new Japanese boss that they have saved the company approximately $100 million by convincing the National Highway Traffic and Safety Administration (“NHTSA”) to forgo ordering a recall due to reports of unintended acceleration in certain Toyota models.

The NHTSA was focused on the reports in 2007 that floor mats were becoming jammed under accelerator pedals in Camrys, Priuses, Avalons and Lexus ES350s. However, Toyota, using two lobbyists who had been former employees of the NHTS, successfully fended off government's urging for a recall by developing a "game plan," according to the automaker's e-mails and documents being reviewed in Congress. Toyota got off the hook, recalling only a single floor-mat affecting 55,000 cars.

As the public is now aware a recall could possibly have prevented numerous deaths and injuries Toyota’s accelerations problems. Toyota isn't commenting on its lobbying efforts. NHTSA called the investigation "contentious.”

56 year old Chester Salisbury was critically injured Saturday when his motorcycle collided with a truck near downtown Lexington.

Police are reporting that Salisbury was headed east on Fourth Street. When he entered the intersection with Broadway, Rafael Zuniga, driving a truck headed west on Fourth Street, made a sudden turn into Salisbury's path. Salisbury reportedly was unable to avoid Zuniga's truck and crashed into it.

Zuniga and his passeneger were treated and released from UK hospital. Salisbury underwent surgery on Sunday and at last check is in critical condition.

Vanessa Cantley, attorney and partner at Bahe Cook Cantley & Jones PLC comments: "It appears Mr. Zuniga may have been negligent when he made a sudden turn in front of Mr. Salisbury, causing him to crash his motorcycle. If reports of this wreck are accurate, Mr. Zuniga will be legally liable to Mr. Salisbury and his family for his injuries."

For more information on the rights of motorcyclists injured in collisions, please contact Vanessa Cantley directly at (866) 587-0002 or e-mail her by clicking here: vanessa@bccjlaw.com.

Robert K. Wise, 19, was arrested and charged with DUI after a crash in Boyle County Saturday.

Police are reporting that Wise was driving a car that crashed into a tractor on Forkland Road Saturday afternoon. Four other young adults were in the car. One passenger was flown to UK Hospital after sustaining serious injuries.

The driver of the tractor was thrown into a creek. There is no word on his condition at this time and his name, and the name of Wise's passengers, has not been released.

For more information about the rights of individuals injured by drunk drivers, please call attorney Vanessa Cantley at (866) 587-0002 or e-mail her by clicking here: e-mail Vanessa.

The Orange County (California) District Attorney filed a lawsuit against Toyota based on consumer protection law violations. It alleges that Toyota knowingly sold thousands of vehicles that had the potential for sudden unintended acceleration. This, the lawsuit alleges, constitutes a violation of California's Unfair Business Practices Act, a consumer protection law, for engaging in deceptive business practices. Each violation of the act carries a potential $2,500 fine.

This lawsuit represents a brand new legal front that challenges Toyota and attempts to hold it responsible following the massive recall.

Continue reading "Toyota Recall Attorney: Deceptive Business Practices Lawsuit Filed" »