Bahe Cook Cantley & Nefzger PLC is proud to announce that this past weekend the firm was honored to host American Association for Justice (“AAJ”) President-Elect Mary Alice McLarty. Better known as “Mary Alice from Dallas” Ms. McLarty is a respected and talented trial attorney working in Texas who specializes primarily in catastrophic injuries involving Reflex Sympathetic Distrophy, a painful and debilitating disease caused by traumatic injury. More about her can be seen on the AAJ’s website here.

While in Louisville, Ms. McLarty spent time meeting with BCCN lawyers in the office during the day on Friday to discuss the importance of AAJ, the AAJ PAC, and other important facets of the organization. She also met privately with several BCCN partners, giving career advice and swapping war stories. After work was done, Ms. McLarty and several BCCN attorneys attended an AAJ cocktail reception at BCCN partner Shawn Cantley’s new bar, The Silver Dollar, followed by dinner and a night out on the town. Finally, on Saturday, Ms. McLarty generously donated her time and talent to assist in judging AAJ’s law school regional Mock Trial competition with several other BCCN attorneys. The competition was organized by BCCN partner Will Nefzfger with the assistance of BCCN associate Lauren Marley.

BCCN is extremely honored to have hosted Mary Alice, a true champion of justice. We would also encourage any attorney who is not yet a member to join and become involved in AAJ.

The U.S. Consumer Product Safety Commission (“CPSC”) in announced a recall of LED Night Lights made by AmerTac. Three models of AmerTac night lights are being recalled. Each has a model name and two model numbers. The recall affects about 227,000 units.

The recall is taking placed due to reports of an electrical short circuit in the night light can cause it to overheat and smolder or melt, posing fire and burn hazards. AmerTac has received 25 reports of the night lights smoking, burning, melting and charring. Fortunately, no injuries have been reported.

The model name and a secondary model number appear only on the packaging. The basic model number appears on the back of the night light. The night lights are rectangular, about 2-3/16 inches high, 3-1/2 inches wide and 1-1/4 inches deep. The front housings for each are either white- or nickel-colored plastic with four horizontal vents and a round light sensor above the top vent. The backs of the night lights are gray plastic with the AmerTac™ logo, the basic model number, “SY” identification code and “ETL” molded into them. Only models bearing “SY” on the back are being recalled. The following night lights are being recalled:

Model Name on Packaging Model Number on Packaging Model Number on Night Light
Amerelle 71190 71190 or 71190A
Amertac 327895
Everyday Basics 076092
The nightlights were sold at hardware stores, home centers and lighting showrooms from March 2009 through October 2010 for about $6.

BCCN partner Will Nefzger and associate Lauren Marley coordinated the American Association for Justice’s mock trial competition for law students called the Student Trial Advocacy Competition (STAC). AAJ asked Will to volunteer to coordinate one of 16 regional tournaments in Louisville. The competition was held from March 2-4 at the Jefferson County Hall of Justice. The competitors included teams from:

Northern Kentucky University (1)
Indiana University (2)
Notre Dame University (2)
Valparaiso University (1)
University of Tennessee (2)
University of Oklahoma (2)
University of Tulsa (2)
Oklahoma City University (1)
Charlotte School of Law (1)
Duke University (1)
Loyola University, New Orleans (1)

Both Notre Dame teams made the finals and both will advance to the national finals in Las Vegas, NV.

Have you been affected by the recent storms or floods in Kentucky? Do you
need assistance in one or more of the following areas?

• Assistance with insurance claims (life, medical, property, etc.).
• Counsel on landlord-tenant and other housing problems.
• Assistance with home repair contracts.
• Assistance in consumer protection matters, remedies and procedures.
• Counsel on mortgage foreclosure problems.
• Replacement of important legal documents destroyed in a major
• Referring individuals to local or state agencies that might be of further

If so, you may qualify for free legal assistance from members of the Kentucky
Justice Association, the state’s professional organization of trial attorneys. If
you need assistance, please call (502) 339-8890. We need your name, address,
phone number and a brief description of the problem you are facing. That
information is passed along to our volunteer attorneys who will contact you.
Please note, there is no charge for these services and no fees will be accepted
for any advice given. Should the need arise for litigation representation; KJA
will assist you in locating an attorney outside of the volunteer program.

Our goal is simple. We want to help assure the health and safety of Kentucky
families and help get you back on your feet as quickly as possible.
We are all Kentuckians, and we are all in this together.

This is becoming an all to familiar story. It seems like there is at least one accident per week involving a school bus in Jefferson County. This time a van crashed into a JCPS bus in the west end injuring 10 students and the bus driver. It happened around Algonquin Parkway and 40th Street.

The bus had 31 students aboard from Kerrick Elementary. All injured students went to Kosair Children’s Hospital for treatment. None of the injuries appeared life-threatening. Louisville Metro Police Department is investigating the crash.

Hopefully, all of the injured students and adults will make quick and full recoveries. Let’s also hope that the at-fault driver has sufficient insurance coverage to compensate the injured for the harms and losses sustained by them.

The U.S. Consumer Product Safety Commission (“CPSC”) is working on establishing new safety rules for infant swings. The swings are a common sight in households with infants, as they can be very helpful in getting a little one to fall asleep. The CPSC has some important guidelines to follow when using these swings.

First, when you bring your new baby home, remember that newborns and young infants don’t have the muscle tone or strength to keep their heads up. So, when you put them into a swing, make sure that your baby is lying down.

It’s likely that you’ll see this warning on your swing: “Use only in the most reclined seat position until infant can hold head up unassisted.” That warning is there to alert you to a safety concern. Infants who are placed sitting up can end up in a slumped-over position that blocks their breathing. Of 15 deaths related to infant swings between January 2002 and May 18, 2011, five infants died from being slumped over. An upright swing is not a safe spot for your infant to sleep.

Meanwhile, restraints, or lack of proper restraints, are another danger posed by infant swings. Many parents have probably watched their baby lean forward or sideways and fall or nearly fall out of the seat; or their baby leans back, causing the seat to tilt backwards and their baby then slides out backwards onto his or her head. CPSC officials report that “as infants start to learn to sit up on their own, they tend to lean forward in the swing. If the infant leans forward while the swing is moving backwards, the infant’s upper body can fall out of the swing. A number of the incidents reported finding the infant hanging upside down with the waist/crotch restraint still attached.”

Authorities are reporting that part of the ceiling of Chuy’s, a Mexican restaurant in St. Matthews, collapsed on Sunday while diners were present. The ceiling crashed down on a table where four people were eating. Two adults and two minors have been transported to the hospital for their injuries.

A building inspector is going to examine the damage to determine the cause of the collapse. Structural failures at public establishments are rare, but not unheard of. It is important that a proper inspection take place to determine the cause of the collapse and ensure that it does not happen in the future. Hopefully, the injured parties will make a speedy recovery and Chuy’s owners will take responsibility for what happened.

Glenmark Generics, Inc., the manufacturer of the contraceptives Norgestimate and Ethinyl Estradiol Tablets, has recalled seven lots. The issue is a packaging error resulting in a reversal of tablet orientation. The risk is an unintended pregnancy.

The recall includes Norgestimate and Ethinyl Estradiol Tablets USP, 0.18 mg/0.035 mg, 0.215 mg/0.035 mg and 0.25 mg/0.035 mg. The lot numbers are:

04110101 0
04110106 0
04110107 0
04110114 0
04110124 0
04110129 0
04110134 0
Users who discover they possess the defective drug should notify their physician and pharmacist. However, before returning the product, a user should make certain they have not been harmed because the product could be required for evidence in any legal action.

33 year-old Deanna M. Barton of Upton, Kentucky sustained fatal injuries when the Dodge Caravan she was driving crossed over the center line of Ky. 224 and crashed into a Ford F-750 pickup truck driven by 56 year-old Paul Neff. Mr. Neff suffered injuries that required emergency medical treatment and care.

The Kentucky State Police are investigating the cause of the accident. While driver error appears to be the cause, in a case like this, it is appropriate to investigate other potential causes, such as faulty mechanics, poor or flawed design, defects in manufacturing and negligent repairs or maintenance.

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 wreck in Madison County turned fatal for 33 year-old Nicolas King of Richmond. He was the passenger in a car that wrecked on Lancaster Avenue early Sunday. He was transported to UK Hospital where he later died. There is no word on the condition of the driver. No other vehicles were involved.

When there is only vehicle involved in a wreck, many people are under the mistaken impression that a passenger cannot bring a civil claim against the driver of the car in which they are riding. That is incorrect. If the driver of a vehicle is driving carelessly and injures or kills his passenger, he can be held civilly liable for the damages.

In addition to a claim against a negligent driver, the passenger, if he or she has car insurance with underinsured motorist coverage, may also have a claim against the passenger’s own insurance carrier to receive additional benefits under the passenger’s policy. If you or a loved one are involved in a wreck, it is always beneficial to get a consultation from an experienced personal injury attorney to make sure that you know all the available sources of compensation.