Kentucky Injury Lawyer Blog

Cyber bullying involves the use of technology such as e-mail, instant messaging, the publishing of defamatory personal web sites, and online personal polling web sites that are used to support conscious, willful, deliberate, repeated, and hostile behavior by one or more people with the intent to harm others. On-line harassment or threatening is Cyber bullying and it is increasing in Kentucky and all over the world.

The Kentucky Center for School Safety has published tips for parents when you suspect or know your child is being cyberbullied.

Continue reading "Cyberbullying On The Rise: Tips For Parents" »

Natalie Gentry, 33, former English teacher at LaRue County High School, was arrested Thursday on charges she had sex with a student.

Gentry is charged with one count of sexual abuse, a felony, and two counts of official misconduct, a Class B misdemeanor. Police are reporting that an investigation revealed Gentry engaged in sexual relations with at least one male student at her home in Hardin County.

Gentry' contract with LaRue County Schools was terminated in October.

Gentry was booked in to the Hardin County Detention Center and was released after posting bond. She will be arraigned on February 3 in Elizabethtown.

Unlike Pennsylvania, where coaches, doctors and other professionals only have to report suspected child abuse to a supervisor, Kentucky law requires anyone suspecting abuse to report it to police, prosecutors or Child Protective Services.

Kentucky is one of 18 states requiring everyone - not just professionals who work with children - to report suspected abuse or neglect.

Violations are a misdemeanor punishable by up to 90 days in jail and a $250 fine.

However, prosecutions for failure to report are rare. Fifty-seven people have been charged with the offense since 2006.

It always seems like a holiday never goes by without a tragic accident on our Kentucky roadways that results in a fatality. This time, it happened on Thanksgiving Day. Jose Fernando Navarro Menza, 26, of Harrodsburg was driving a 2000 Dodge Neon through the intersection of U.S. 127 and U.S. 68 in Harrodsburg when Michael Strunk ran a red light in his 1998 Jeep Grand Cherokee and crashed into the Menza vehicle according to the investigating police department. It happened at around 4:25 p.m.

The injuries Menza sustained from the wreck were fatal. Additionally, three children and 21 year-old Elena Francisco-Pascual, who were in the Menza vehicle, were injured and required hospital treatment. Our sympathies and condolences go out to the Menza family and friends. We also hope that the injuries to the others are not serious and for quick recoveries.

There are a lot of questions that need to be answered here for the sake of the Menza family. While it appears obvious that the other driver is at-fault for the accident, it is often important to look at potential factors for the serious injuries that led to a death other than driver error. Looking at factors such as faulty mechanics, defects in manufacturing, crashworthiness and careless repair or maintenance are just a few. Also, a prime question to ask is whether the at-fault driver had just left an establishment where he was drinking and possibly over served. Oftentimes, it is necessary to hire a lawyer experienced in handling these types of cases in order to see to it that a proper and complete investigation is performed, evidence is preserved and the victim's rights are protected.

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.

1 year old Rashawna Vancleave died from injuries she sustained in a wreck when the car she was traveling in turned left into the path of a pickup truck. While Rashawna was wearing a seat belt, she was not in a child restraint seat.

The crash occurred on Ky. 68 near Lebanon, Kentucky. In addition to Rashawna, two other passengers, Shirley and Ryasia Vancleave, suffered injuries severe enough to require hospital treatment.

This a tragic outcome, and one can only think if it had been different if Rashawna was in a child seat. Potential criminal charges could result in addition to the civil liability for her death.

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.

A car and van wreck in Adair County, Kentucky has claimed the life of Latasha Bryant and resulted in serious injuries to Brooks, Kentucky resident Charles Rone. The Kentucky State Police say that Ms. Bryant lost control of the car she was driving westbound on Ky. 206, overcorrected and crossed over into the eastbound lane where the car crashed into Mr. Rone's Chevy van.

Our sympathies and condolences go out to the friends and family of Ms. Bryant. Hopefully, for their sake and Mr. Rone as well, the accident investigation will reveal answers to the questions they must be having about why and how this accident occurred.

It is easy, especially with a teenage driver, to just suspect driver error, but all potential causes need to be explored. Everything from poor maintenance and repair of the vehicle to defective equipment and failure of component parts must be examined. Sometimes the most obvious explanation results in a failure to examine less obvious ones. It may turn out that driver error is the sole cause of the accident, but everything must be examined.

This was one of two eerily similar wrecks last week that claimed the life of a teenage driver in Kentucky. The other occurred in Mercer County, Kentucky, which is not all that far from Adair County. A 17 year old Mercer County High School cheerleader, who also happened to be the daughter of the county sheriff, lost control of the vehicle she was driving, crossed over into the opposite lane of travel and crashed into an SUV.

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.

With Halloween just a week away be sure that you and your children are safe while they are trick or treating by following these guidelines:

*Wear costumes made of fire-retardant materials; look for “flame resistant” on the label. If you make your costume, use flame-resistant fabrics such as polyester or nylon.
*Wear bright, reflective costumes or add strips of reflective tape so you’ll be more visible; make sure the costumes aren’t so long that you’re in danger of tripping.
*Wear makeup and hats rather than masks that can obscure your vision.
*Don’t eat candy until it has been inspected at home.
*Tell children not to accept—or eat—anything that isn’t commercially wrapped.
*Parents of very young children should remove any choking hazards such as gum, peanuts, hard candies, or small toys.

For a full list of all the safety tips can be found here: http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm230283.htm

Sadly, the crash posted about on Monday has turned out worse that we initially hoped. 20 month-old Khiana Dowell of Lincoln County died as a result of a traumatic brain injury she sustained in the wreck. 6 month-old Cameron Dowell, presumably Khiana's brother was also hurt and required an admission to the hospital for treatment, but is listed in fair condition. Khiana and Cameron are the children of the two adults in the vehicle with them, Brandon Dowell and Kacey Dowell (previously identified as Kacey Tramontano).

Our hearts go out them. It is important to note that the Dowells were responsible parents and had their young children strapped in child safety seats. They were rear ended from behind and there was nothing more they could do.

After first blush, it seems fairly obvious how and why this tragic wreck happened, driver error. However, there are often many contributing factors to an accident that take a thorough and complete investigation to discover. An accident reconstruction is essential in figuring out the contributing factors and finding out who all the responsible parties are. Oftentimes, the contributing factors go well beyond simple driver error.

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.

Two separate car crashes on U.S. 27 south of Stanford, Kentucky (Lincoln County) resulted in multiple injuries. However, the responsibility on display by those involved probably kept it from being worse and may be the reason that we are not discussing fatalities. In all, seven people, including two infants, were injured. Remarkably, everyone involved was either wearing a seatbelt or strapped into a car seat.

Wreck #1: Occurred at the intersection of U.S. 27 and Shake Rag Road when a Saturn car driven by Kacey Tramontano, which had stopped to make a turn, was rear ended by a Kia Sorento. Ms. Tramontano, Brandon Dowell and a 6 and 18 month-old child were injured severely enough to require helicopter transportation.

Wreck #2: Occurred at the intersection of U.S. 27 and Tick Ridge Road when a Mercury Sable driven by Jennifer Sims attempted to turn from U.S. 27 onto Tick Ridge Road and collided head-on with a Ford Contour traveling in the opposite direction. Although not confirmed, it appears that the Sable was attempting to turn left and went into the path of the Contour. Linda Allen and two of her passengers were injured and required treatment at a hospital.

It is not hard to imagine the outcome of these accidents being much worse than they were. Thankfully, those involved displayed responsibility and kept it from being worse.

Last week, USA Today reported that bullying lawsuits are on the rise nationwide. The National School Boards Association is unaware of any formal studies, but says anecdotal evidence shows an obvious increase.

In Kentucky, there have been several lawsuits filed against school administrators and educators across the Commonwealth claiming that their failure to develop or implement proper bullying policies and procedures, or a failure to supervise students, leads to students being seriously injured by bullies, or, tragically, even taking their own lives - a term coined in the 1980's as "bullycide." As a mother of two boys, this is an area of the law I am particularly passionate about and have spent the last several years educating myself on the issue of bullying and what educators need to be doing to protect children and prevent such tragedies, since they are often in the best position to stop it.

While reports of suicides relating to bullying date back over 30 years, the tragedies have gained national media attention since the mass murder/suicide at Columbine High School in Littleton, Colorado in 1999. Most recently, the suicide of Phoebe Prince in Massachusetts after being bullied daily at her high school, shined a spotlight on children of "status" bullyers - i.e. athletes, wealthier children, children of prominent individuals in the community, etc.

Kentucky has yet to have a bullying lawsuit make it's way to trial and through our appellate courts, so how the Commonwealth's appellate courts will view school administrator and educator liability on the issue of school bullying has yet to be seen. But Kentucky's Supreme Court has published several cases on the issue of school officials' liability for injuries due to negligent supervision of students. Most recently in Turner v. Nelson, a case decided by the Kentucky Supreme Court in June, 2011, the court made clear that teachers are immune from liability for their discretionary acts in determining how to handle situations that may arise in their classroom if there is no set policy. However, the Court was also quick to point out that a failure to supervise children does not insulate teachers from liability for a child's injuries. Children must be supervised at all times - period. When they are not, we know from experience that bad things happen - including bullying.

Childhood bullying can lead to long-term physical and emotional harm. Often the scars of school bullying cannot be seen on the skin, but rather in the child's ability to relate to others and view themselves in a positive light as they grow into adulthood. No longer can we allow bullying to be viewed as a "rite of passage," "just kids being kids" or anything short of deadly.

It should not take a lawsuit to convince school systems to develop and implement strong bullying policies with regular outside evaluation of the policy's effectiveness, to supervise children at all times, and to take seriously reports of school bullying and act on them. Sadly, sometimes it does. I am proud to represent several families who have turned to the courts, and the citizens of Kentucky who serve on our juries, to decide what kind of conduct will and will not be tolerated in Kentucky's schools and who will be accountable when injuries result from such failures of school officials.