Kentucky Injury Lawyer Blog

Local media are reporting that Kevin Burrus, 43, of Louisville died Thursday at his workplace, Universal Linen, a commercial linen company located at 1807 Commerce Road. According to police, Mr. Burrus' fellow employees found him unconscious and pinned between two machines in a standing position. The Jefferson County Coroner's office stated the cause of death as multiple blunt force traumas and asphyxia, or suffocation.

Our sympathies and condolences go out to the friends and family of Mr. Burrus. An incident like this raises many questions, both legal and factual. Typically, in Kentucky, when a worker is injured and dies while working, he or she is entitled to receive only workers' compensation benefits. However, if a person or entity outside of the employer-employee relationship is at least partially responsible, then the injured worker, or his or her family, may pursue that third party for the damages caused.

It is imperative that a full investigation take place to determine if there were any factors at play causing this tragedy that are not readily apparent and to preserve evidence. The results of the investigation indicating who is at fault will determine Mr. Burrus' family's legal remedies.

Although the police are conducting an investigation to determine the cause, and they typically good job, it is often important for someone involved in this type of accident, or a family member or friend, to do their own investigation. Hiring a lawyer experienced in handling workplace injuries can assure a victim, or the family, that their interests and rights are being protected. A lawyer experienced in handling workplace injuries will know what to do to uncover any underlying causes that do not appear on the surface and may go unrecognized in other investigations.

This consumer protection and accident victim information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Jones PLC. Click here, and it will take you to a page containing biographical and contact information and here to e-mail Will directly.

The often controversial, but never ignored, Hollywood comedian and pundit, Joan Rivers' ex-manager is suing her in federal court, claiming unpaid fees and public ridicule.

Billy Sammeth, Ms. Rivers’ ex-manager has alleged that the comedian has an outstanding bill to him worth $179,000 and disparaged his reputation, and sullied his name in a documentary, "Joan Rivers: A Piece of Work," as "unreliable" and missing in action.

"It's not true he was missing. The fact is that Joan needed to save money, so she cut Billy," Sammeth's lawyer Susan Chana Lask said. "She makes a big scene out of losing her 'best friend.' If he's her best friend, why lie and cut him off at the knees? That's the worst part."

Sammeth, in a statement, said he was a "loyal ally" of Rivers for 23 years, but "if I remain silent now, I am guilty of the same untruths she delivers throughout her film."
Rivers responded, saying was deserving of his firing and "is now making claims for money to which he is not entitled."

Among other allegations, Sammeth says he's entitled to 10% of the $200,000 Rivers won on "Celebrity Apprentice.” Readers may recall the Ms. Rivers’ won first place on the popular TV show; a prize she garnered just a couple of weeks after parting company with Mr. Sammeth.

Louisville Metro Police are closing Campground Road in front of Dow Chemical’s Rubbertown plant in Louisville, KY. A fire and police command post is being set up at Campground Road & Cane Run Road. No other details have been released about what has occurred or the need for the closure and command post. Residents of the area should be on the look out for problems that can affect the whole area. If an emergency does exist that harmfully impacts the area, then personal injury litigation and/or a class action may exist.

A former Ohio police officer who accused his co-workers of harassment after his wife appeared in Playboy has settled his lawsuit against the city for which he as employed.
As part of the settlement, former officer, Ron Fithen agreed to resign from the police department. He also agreed to not pursue any further employment with any branch of the city.
The agreement said the city would pay him $35,000.

Fithen accused police officials of denying him paid leave for National Guard training, removing him from the detective bureau, investigating his family shortly after the Playboy photo shoot and creating an unbearable work environment.

The "Hot Housewives" edition of Playboy, with several pictures of Beth Fithen, Ron Firthen’s wife, appeared two years ago. Ms. Fithen’s husband's lawsuit said Mrs. Fithen's following her dream made his work life hard.
It said Mr. Fithen was asked for copies of Playboy autographed by his wife, causing the family "extreme emotional distress."

City spokesman Brian Hoyt said the matter is done with and he couldn't comment because of the confidentiality agreement in the settlement. Mr. Fithen's Fraternal Order of Police attorney said the settlement speaks for itself and that he had no comment.

The legal implications of the BP Gulf oil rig explosion and oil spill could be significant. Lawyers will have to navigate a confluence of several different laws in order to be successful.

The Oil Pollution Act of 1990 requires that claims for property damage, environmental damage and loss of livelihood, but not personal injury claims, initially be brought with the responsible party for approval or denial, and the claimant must wait 90 days to do so. So, in this case, someone or some entity would have to submit their claim to BP, Halliburton Energy Services, Inc., Transocean or Cameron International Corp. (click here to read about the potential responsible parties). The Oil Pollution Act of 1990 also limits damages from oil-spills at $75 million unless gross negligence, willful misconduct or a violation of federal construction or operating requirements can be proven.

Next, general maritime laws will apply in some cases. This also limits punitive damages and centers around the question of the seaworthiness of the vessel involved, which in this case is the Deepwater Horizon oil rig. These laws are something that not too many even experienced lawyers are familiar with on a regular basis.

If anyone has questions or feedback on this post, please feel free to contact me directly. I'd love to hear any thoughts you have. Just click here, and it will take you to a page containing contact information. We will continue to keep you updated as developments occur.

Investigators with the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) are visiting a southern Indiana shipyard for the second time in a week. Agents have two open investigations at Jeffboat after two employees died from injuries received after falling.

50-year-old Robert Harrison Jr. of Louisville worked with the company for about 18 years. He died May 10 after falling 20 feet from a walkway on a barge. On May 13, 44-year-old Kent Martin of Corydon, IN fell from a ladder. Martin died the next day from head injuries. On the day Martin died, Jeffboat was closed for Harrison's funeral service.

The two investigations last week are not the first for Jeffboat. They state that records filed on OSHA's website indicate there were four investigations between 2007 and 2009. Three were a result of employee complaints. An investigation started May 1, 2007 resulted with the company fined more than $20,000 for 27 violations of Safety and Health Standards, 23 of which were classified as "serious."

Among the violations:

* Failure to keep 'good housekeeping', meaning not keeping aisles and passageways on vessels or dry docks cleared when it was not being used
* Failing to inspect equipment for rigging when required or when necessary
* Failure to make sure a room was cleared of hazardous material if it involved work on valves or a manhole
* Failing to properly store tools or oil cans in boxes or cabs

Investigators are expected to return to the plant Monday, May 17 to continue the investigation into Harrison's and Martin's deaths.

According to the Courier Journal, a Louisville traffic control officer was involved in an accident Friday morning when another car skidded through a red light because of slick roads.

The officer was uninjured but the passenger in the other car was taken to a hospital with a broken wrist, said police spokeswoman Alicia Smiley.

The traffic officer was on duty and driving south on First Street when a green four-door Mitsubishi traveling west on East Hill Street tried to stop but skidded through the red light at the intersection and struck the driver side of the officer’s car, Smiley said.

The impact sent the officer’s car spinning. The officer complained of aches and pains but wasn’t transported to a hospital.

For more information about the rights of those injured or killed in auto accidents, contact Larry Jones at 502-587-2002.

Authorities have publicly identified the Ford worker who was killed on Saturday in a workplace accident. Ronald S. Cassady, 54, died of “multiple blunt force injuries" at the 3001 Chamberlain Lane plant.

As first reported here a few months ago, Louisville, Kentucky injury attorney Will Nefzger of Bahe Cook Cantley & Jones PLC represented one of his clients at the Kentucky Supreme Court this fall. In an unanimous opinion just released, the Court ruled in favor of Nefzger's client affirming the Kentucky Court of Appeals unanimous decision to reverse lower court judges.

This was Nefzger's second trip to the Kentucky Supreme Court in his first nine years of practice, and he has yet to have a single vote against either of his client's cases. Most importantly in this particular case, his client, whose injuries have been serious enough to require multiple surgeries, will now receive the workers' compensation benefits her employer has denied from the outset and fought against paying all the way to Kentucky's highest court. These benefits include medical expenses and wage replacement while disabled and prevented from working.

Here is a link to the opinion.

According to news reports, Ron Mills, a longtime state regulator was fired after he refused to go along with what he believes is an illegal policy that primarily benefited a politically powerful coal company, Alliance Resource Partners.

Mills was fired last week. In an interview with the Courier Journal, Mills said that he notified his superiors last year of his belief that the policy in question was illegal.

Bahe Cook Cantley & Jones attorney Larry Jones, who has represented numerous whistleblowers, says "This appears to be a case in which Mr. Mills was illegally retaliated against because of his reports of unlawful activity. State government workers like Mr. Mills enjoy protections under the state's whistleblower statute in KRS Chapter 61. However, state government workers should be aware that there is a 90 day statute of limitations on their claims. In other works, they must file a lawsuit within 90 days after the alleged violation of Chapter 61. Unfortunately, this has been a pitfall for many wrongfully terminated employees."

The statute provides that:

No employer shall subject to reprisal, or directly or indirectly use, or threaten to use, any official authority or influence, in any manner whatsoever, which tends to discourage, restrain, depress, dissuade, deter, prevent, interfere with, coerce, or discriminate against any employee who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Kentucky Legislative Ethics Commission, the Attorney General, the Auditor of Public Accounts, the General Assembly of the Commonwealth of Kentucky or any of its members or employees, the Legislative Research Commission or any of its committees, members or employees, the judiciary or any member or employee of the judiciary, any law enforcement agency or its employees, or any other appropriate body or authority, any facts or information relative to an actual or suspected violation of any law, statute, executive order, administrative regulation, mandate, rule, or ordinance of the U.S., the Commonwealth of Kentucky, or any of its political subdivisions, or any facts or information relative to actual or suspected mismanagement, waste, fraud, abuse of authority, or a substantial and specific danger to public health or safety. No employer shall require any employee to give notice prior to making such a report, disclosure, or divulgence.

Essentially, to prevail in a Whistleblower Act claim, the employee must prove the following four elements:

(1) the employer is the Commonwealth or one of its political subdivisions;

(2) the employee is employed by the state;

(3) the employee made a good faith report of a suspected violation of a state statute or administrative regulation to an appropriate body or authority; and

(4) the employer took action or threatened to take action to punish the employee for making this report or to discourage the employee from making this report.

The employee must also show that “the disclosure was a contributing factor in the personnel action.” Contributing factor is defined as: “any factor which, alone or in connection with other factors, tends to affect in any way the outcome of a decision. It shall be presumed there existed a ‘contributing factor’ if the official taking the action knew or had constructive knowledge of the disclosure and acted within a limited period of time so that a reasonable person would conclude the disclosure was a factor in the personnel action.” If the employee can sustain that burden, the employer must then prove that the disclosure was not a “material fact” in the personnel action. This is significant, because, at the very end of the analysis, the employer, not the employee, has the burden of proving that the disclosure or other protected conduct was not a “material fact” in the decision which lead to the adverse employment action.

For more information about the rights of those who have been wrongfully discharged after blowing the whistle on government wrongdoing, contact Larry Jones directly at (502) 587-2002 or by e-mail by clicking here: e-mail Larry.