Kentucky Injury Lawyer Blog

An African-American nurse claims that a Michigan hospital agreed to a man's request that no black nurses care for his newborn.
Tonya Battle tells the Detroit Free Press she "didn't even know how to react" when she learned about the request at Hurley Medical Center in Flint. The hospital management said it "does not comment on past or current litigation."

The lawsuit claims a note was posted on an assignment clipboard reading, "No African American nurse to take care of baby." She says that later was removed, but claims black nurses weren't assigned to care for the baby for about a month because of their race.
The lawsuit recounted how the neonatal intensive care nurse was at the infant's bedside when a man came in and she requested to see the hospital-issued identification wrist band given to parents of patients. The man responded that " ... I need to see your supervisor." A supervising nurse spoke with the father who told him he didn't want African-Americans to care for his child.

"There is growing concern around the country about how this could be in 2013," a representative said. "There will be growing pressure as Hurley continues to be quiet."

In March 2011 an explosion ripped through the Carbide Industries plant in Rubbertown killing two workers. The U.S. Chemical Safety Board ("CSB") released a report this week heavily criticizing the company for a number of safety and maintenance failures.

"Carbide displayed a chronic lack of commitment to figuring out what was going wrong, ignoring all the warning signs, even as its workers were exposed to a potential massive explosion just a few feet away from their control room,” said CSB Chairperson Rafael Moure-Eraso. “This accident is literally a case study into the tragic, predictable consequences of running equipment to failure even when repeated safety incidents over many years warn of impending failure," Moure-Eraso continued.

Two employees were killed and two others were injured when an furnace built up too much pressure and released powdered debris, hot gases, and molten calcium carbide.

52 year old Jerry Watts of Slemp, Kentucky suffered fatal injuries after being struck on the head by a bulldozer blade liner due to a jack slipping. Mr. Watts was performing welding work on the liner. T&T Energy owns Begley No. 1 Mine, where the accident happened.

This tragic incident, as they often do, raises legal questions. Because this happened while Mr. Watts was working, his surviving family members will be entitled to workers' compensation benefits. However, workers' compensation benefits only cover medical expenses and a fairly meager death benefit.

Workers' compensation is not meant to cover damages such as pain and suffering and other losses that are available in a civil claim. Worker's compensation is also an exclusive remedy, meaning that injured workers cannot sue their co-workers and employers for any negligence that may have caused the accident. However, an exception to this general rule exists when a third-party outside of the employer-employee relationship caused the accident. An injured worker, or a deceased worker's surviving family, may sue the third-party.

A civil claim potentially exists here. The jack that slipped most likely was not supposed to and may have failed. The question becomes why it slipped. If it slipped due to a third-party's actions or inaction, like because it was defective due to improper design or manufacturing, then civil damages may be claimed.

Hopefully, a full and complete investigation takes place and provides answers to the questions Mr. Watts' family most assuredly are having right now.

Continue reading "Kentucky Mining Accident Results In Year's First Such Fatality" »

58 employees of Zappos fell ill due to bacterial food poisoning according to the Bullitt County Health Department. Lab test results confirmed the presence of bacillus cereus, a foodborne bacteria. The workers suffered from gastrointestinal infections that caused nausea and flu-like symptoms. Masterson's Catering of Louisville provides catered meals to Zappos workers.

Under Kentucky law, the employees have a claim for workers' compensation benefits. These benefits include medical expenses, lost income and compensation for any permanent injuries. Theses benefits are provided by the employer or the employer's insurance carrier. Because the injuries appear to be caused by a party outside of the employer-employee relationship, the employees may also have claims for negligence against the catering company in addition to workers' compensation claims.

18 year old Cody Johns of Sellersburg, Indiana died from a heat stroke he suffered after working outside all day in Louisville, Kentucky at a landscaping job. After complaining of overheating and becoming disoriented, his co-workers placed him in an air conditioned pickup truck. When that did not work, they took him to the Norton Immediate Care Center at Westport Village. His stepfather, with whom he works, went inside to describe Mr. Johns' symptoms and was told that they could not help and that he needed to go to an emergency room. The co-workers then called Louisville Metro EMS from the parking lot and waited for them to arrive. They immediately began working on Mr. Johns and transported him to the hospital, but it was too late. Norton denies that they denied treatment to Mr. Johns.

Bill Smock, an emergency room physician, said that these events disturb him and was critical of Norton. Even if Mr. Johns need a hospital emergency room, the immediate care facility could have at least started offering some treatment, such as trying to cool him down.

From a legal perspective, there are a number of issues that arise. First, because Mr. Johns was working at the time this occurred, a workers' compensation claim is viable. Then, a medical malpractice/wrongful death claim can also be brought against Norton for the denial of medical treatment. Regardless, it is imperative that a full investigation promptly take place to determine exactly what happened and to make sure evidence is preserved. Hiring an attorney experienced in handling these types of cases will know what to do to in order to achieve those goals.

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.

Sylvia Walters, 50 years old of Taylorsville, Kentucky was found under a sheet of granite by a customer at her place of employment and pronounced dead. It initially appears that Ms. Walters was moving the granite sheet with a hydraulic lift. The Louisville Metro Police Department and Kentucky Office of Safety and Health Compliance are investigating.

We express our sympathies and condolences to the friends and family of Ms. Walters. Let's hope that a thorough investigation takes place to get to the bottom of the cause of her death.

This tragedy illustrates the number of legal issues that have to be sorted through. For example, while Ms. Walters' family will have a claim for workers' compensation death benefits, they may also have a legal claim against other responsible individuals or entities outside of the employer-employee relationship. Answers to questions such as whether some piece of the equipment and machinery being used was defective and whether there were any breaches of safety rules and regulations that led to the accident need to be explored and answered.

Steven Nichols and Jorge "Louie" Medina suffered fatal injuries from an explosion and fire at the Carbide Industries plant where they worked in Louisville, Kentucky. Others sustained very serious injuries.

Our sympathies and condolences go out to the friends and family of Mr. Nichols and Mr. Medina as they cope with grieving process for this unparalleled loss.

An investigation to determine the reason why they explosion and fire occurred is ongoing. Let's hope the investigation results provide the family and friends of the deceased some answers.

In a accident like this, there are a number of legal issues that have to be sorted through. For example, while Messrs. Nichols' and Medina's families will have a claim for workers' compensation benefits, they may also have claims against other responsible individuals or entities outside of the employer-employee relationship. Answers to questions such as whether something involved in the incident was defective and whether there were any breaches of safety rules and regulations that led to the accident need to be explored and answered.

Continue reading "Louisville, Kentucky Rubbertown Plant Explosion Results In Injuries And Deaths" »

The Kentucky State Police say that a wreck on Ky. 52 near the Madison-Estill county line occurred when Roy T. Burgess of Irvine, Kentucky crossed the center line in a 1999 Ford Taurus and collided with a 1998 Volkswagen Beatle driven by Steven A. Skaggs of Jeffersonville, Kentucky. Mr. Burgess sustained fatal injuries. He was 63 years old. Mr. Skaggs and Jillian M. Willoughby, a passenger in the Taurus, were injured and taken to separate hospitals.

In an unfortunate and ironic twist, KSP Trooper Chris Chenault, who was at the scene investigating the crash, was struck by a Madison County ambulance coming to the scene to assist with the injured. Trooper Chenault was taking photographs at the time he was struck and had to be taken to a hospital for treatment.

Our sympathies and condolences go out to the friends and family of the victims of this accident. Hopefully, the injured victims will make quick and full recoveries and be able to return to their normal lives very soon.

Anytime a so-called cross-over accident like this happens, it is important to question causes other than simple driver error. While it may prove true that Mr. Burgess' driver error was the sole cause of this accident, as it appears from media reports, causes such as defective maintenance and repair, defective manufacturing of the vehicle, defective manufacturing of a tire, road conditions and other factors must be examined.

If Mr. Burgess is ultimately found at-fault, the injured parties will be able to make claims against his estate and or insurance coverage for their injuries and damages from this crash. Hopefully, the vehicle was insured with sufficient limits to satisfy the damage done in this accident.

As a side note, Trooper Chenault appears to have a claim against the operator of the vehicle that struck him for his injuries and damages in addition to a workers' compensation claim with his employer.

Continue reading "Richmond, Kentucky (Madison County) Accidents Result In Death And Injury" »

Last week, I posted about the Gallitin Steel/Harsco Metals, Inc. industrial explosion in Carroll County, Kentucky that claimed the life of some workers. This week another tragic workplace accident occurred that claimed the life of a Louisville, Kentucky man. William "Bill" Motley suffered fatal injuries when he was pinned by an elevator he was attempting to repair at Sts. Mary & Elizabeth Hospital. The Jefferson County Coroner's office pronounced his death as due to multiple blunt force traumas and traumatic asphyxiation.

Our sympathies and condolences go out to the friends and family of Mr. Motley as they cope with grieving process for this unparalleled loss, especially at this time of year.

Like I stated in the post about the Gallitin Steel/Harsco explosion, although the police are conducting an investigation to determine the reason why it happened, and they typically good job, it is often important for someone involved in this type of accident, or a surviving family member or friend, to do their own investigation. Many times a thorough investigation will reveal information not identified in the police investigation, causes other than driver error and responsibility of other parties.

Hiring a lawyer experienced in handling workplace accidents and injuries can assure a victim of such an incident, or the family, that their interests and rights are being protected. A lawyer experienced in handling these types of matters will know what to do to uncover any information and underlying causes that do not appear on the surface and may go unrecognized in other investigations.

There are a number of legal issues that have to be sorted through. For example, while Mr. Motley's family will have a claim for workers' compensation benefits, they may also have claims against other responsible individuals or entities outside of the employer-employee relationship. Answers to questions such as whether something involved in the incident was defective and whether there were any breaches of safety rules and regulations that led to the accident need to be explored and answered.

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

Robin Kelley was killed and four others were injured at Gallatin Steel when a large tire exploded while on a piece of equipment for changing tires. All five worked for Harsco Metals, Inc. The injured workers were David Davanzati, Jeffrey Huff, Thomas Gayle, and Andy Baumgartner. The Kentucky State Police are conducting an investigation to determine the cause of the explosion and to determine if any safety violations occurred.

Our sympathies and condolences go out to the friends and family of Mr. Kelley as they cope with grieving process for this unparalleled loss, especially at this time of year. We also wish and hope for the quick and speedy recoveries of the other injured workers.

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 surviving family member or friend, to do their own investigation. Many times a thorough investigation will reveal information not identified in the police investigation, causes other than driver error and responsibility of other parties.

Hiring a lawyer experienced in handling industrial accidents and workplace injuries can assure a victim of such an incident, or the family, that their interests and rights are being protected. A lawyer experienced in handling these types of matters will know what to do to uncover any information and underlying causes that do not appear on the surface and may go unrecognized in other investigations.

There are a number of legal issues that have to be sorted through. For example, while all of the injured workers will have claims for workers' compensation benefits, they may also have claims against other responsible individuals or entities outside of the employer-employee relationship. Answers to questions such as whether some piece of the equipment and machinery being used was defective and whether there were any breaches of safety rules and regulations that led to the accident need to be explored and answered.

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