March 2011 Archives

Henderson Kentucky Teen Indicted In DUI Related Death

March 31, 2011

A 19 year old teen has been charged with reckless homicide and Dui which stems from a single car accident that resulted in the death of one passenger and injury to two other passengers. The 19 teen was driving three passengers when her car went off the road and struck some trees. Alcohol was a contributing factor in this car wreck. This sends a strong message to teens that drinking and driving has severe consequences. From a personal injury law perspective, the criminal charges help to bolster the civil personal injury cases of the two injury teens and the wrongful death claim of the deceased teen's Estate.

Eastman Carbon Arrows Have Caused Injuries

March 29, 2011

837185_the_archer_2.jpgThe Carbon Express Terminator Lite carbon arrows by Eastman have been alleged to cause serious injuries. The claims stem from the use of the arrows, which splinter and break as they are being fired from the bow. In some of the cases, the arrows have splintered and punctured the hands of the bow users. Lawsuits have resulted claiming defective product manufacturing and seek injury damages.

FDA Recalls & Unsafe Drugs

March 28, 2011

Dangerous and unsafe drugs are regularly recalled by the Federal Foods & Drug Administration. Unsafe drugs and products can cause serious damages and even death. Be careful of what products, medicines, and drugs you allow into your body. Some may be causing injury or could cause your death without you even knowing.

Here is a link to the FDA & some of its Recalls, Market Withdraws & Safety Alerts.

If you have been injured by any of these products, you need to know what your options and legal rights are. People who suffer injury or death from dangerous drugs and products have legal rigts to be compensated fro what has happened to them.

Federal Judge Rules Lawsuit Against Insight Cable Company Can Continue

March 25, 2011

Thumbnail image for 1038828_u_s__supreme_court_2.jpgU.S. District Court Judge Joseph H. McKinley, Jr. ruled this week that an antitrust lawsuit against Insight Communications can proceed. The case was filed by two Insight subscribers asking the court to bar insight from making customers pay $15.95 per month to rent an Insight converter box if the customer wanted services such as pay-per-view. The lawsuit alleges that subscribers should be allowed to purchase their own converter boxes from an electronics manufacturer and use such for the insight programming.

Insight Cable Company had asked the court to dismiss the lawsuit claiming that it was not forcing the subscribers to do anything. Additionally, Insight sought to have the lawsuit stayed and held in abeyance until the Federal Communications Commission releases an expected ruling on the converter box issue.

The court, in its ruling, sided with the plaintiffs and has allowed the case to continue.

Louisville Metro Police Officer Injured Responding To Car Wreck

March 24, 2011

A Louisville Kentucky Police Officer today was injured while at the scene of an auto accident. The initial accident occurred at the intersection of Brook and liberty when one car ran the red light and struck the other. The officer responded to the accident and was in the process of making a report when one of the drivers of the vehicles appears to have gone unconscious and her vehicle began to move forward. The Police Officer chased the vehicle on foot but was struck by the car, which late stopped after hitting a light pole.

Both the Officer and the female driver were taken to the hospital with injures. In instances like this one, the Police Officer will have both a workers compensation claim and a third party negligence claim related to this auto accident incident.

LaGrange Kentucky Woman Dies From Auto Accident Injuries

March 22, 2011

A 23 year old woman who was involved in an auto accident a week ago in Henry County Kentucky has died from those injuries. The woman had been in intensive care at University of Louisville Hospital since the car wreck. The accident happened on Ky. 146 in the morning hours after she lost control of her vehicle in a sharp curve.

Students Get Hands-On Lesson Of Dangers Of Drinking & Driving

March 14, 2011

Trinity High School students in Louisville, Kentucky were given the opportunity to sit behind the wheel of a car simulator which simulates how difficult it is to drive after consuming alcohol. The simulation was part of a school-wide effort to educate students on the dangers of drinking and driving. These students also went through a seminar on accident statistics and videos of actual accidents. The Company that does the simulation also has simulations of the problems that come with texting and driving, drug use and driving, and cell phone use while driving. The goal of the simulation program is to impress upon young drivers the severity of poor driving decisions.

Everyday in Kentucky, people are killed and injured in accidents that are related to driver negligence, which includes driving under the influence of alcohol. Programs like this one will hopefully cause young people to be more careful when they get behind the wheel of a vehicle. It gives them a chance to experience the problems before they actually happen, which can alter poor decision making.

Poll Shows 63% Of Drivers Under The Age Of 30 Admit To Using Phones While Driving

March 12, 2011

Thumbnail image for 1307593_mobile_phone_in_hand.jpgA New Consumer Reports poll shows 63% of drivers under the age of 30 are using cell phones while driving. 30% of those surveyed also admitted to texting while driving. Kentucky law prohibits texting while driving, but cell phone use is still legal while driving. While cell phone use while driving in Kentucky is not a criminal offense, it still can cause accidents due to the driver's attention being diverted from the road. Use of a cell phone while driving could be used against drivers who are involved in accidents as legal arguments arise that such activity may have caused the negligent driving or contributed to the accident. More and more accident litigation is focusing on the use of cell phones, including subpoenaing cell phone records to check usage at the time of the accidents.

Kentucky Information On Traffic Related Accidents

March 10, 2011

Kentucky information related to how many traffic accidents occurred over the last few years, including the number of DUI related accidents and pedestrian related accidents, can be found on the Kentucky State Police website. Click here to link to this information:

Louisville, Kentucky Wrong-way Driver Killed & Injures Others

March 9, 2011

A Bardstown, Kentucky resident has been killed in an accident on the Gene Snyder Freeway. The accident involved a 23 young man, Dennis Tindle, who was driving north in the southbound lane of the expressway. Mr. Tindle's Ford Focus struck a Dodge Durango head-on and caused another vehicle to rear-end the Durango. Tingle was killed in the accident and the other vehicle's passengers and drivers were taken to the hospital with severe injuries. Questions remain as to why this young man was driving down the expressway in the wrong lane. Police are still investigating the accident.

Legal questions immediately arise as to whether alcohol was a factor, and where was the driver coming from and going to. In cases like this, it is important to look at where the driver had been, who he had been with, and what were they doing just prior to the accident. Such collateral evidence can help to establish why this tragedy occurred. This may be a case where other parties bear some fault for what happened in this tragic accident. Right now, we know that this accident has taken the life of a young man, and caused others to incur medical bills, lost wages, and suffering. Legally, it must be determined what exactly happened, so those involved can seek justice for what has happened.

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Louisville, Kentucky Fire On Ruth Avenue

March 7, 2011

Thumbnail image for 895905_building_on_fire.jpg
Louisville Fire and Rescue have responded to and are battling a fire on the1600 Block of Ruth Avenue, in Louisville, Kentucky. Reports are not in yet on whether anyone has been injured in this fire. Home and apartment fires are tragic for the residents involved, including the residents in the direct proximity of the fire. Not only can a fire result in loss of life, but residents of the premises and the surrounding residents can loose all of their belongs to the fire, smoke damages, and water damage (from the attempts to fight the fire).

In cases of fires, the hope is that those affected have had the forethought to purchase insurance to cover such losses. Renters insurance is cheap and can help to put families' lives back in a position to move forward in the event of a total loss. Anytime there is a fire, the question will be raised of who is at fault and what happened. From there, the victims of the fire can move forward with seeking to try to put their lives back in order. Examining fault will help to know who to seek financial redress from.

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Garrard County, Kentucky: Worker's Personal Injury Lawsuit

March 5, 2011

Thumbnail image for 952313_gavel.jpgA Rockcastle man who was doing construction work in Garrard County, Kentucky has filed a lawsuit after being injured while working road construction. At the time of the accident, the man was operating a blacktop paver when the paver was struck by a dump truck driver. The man was thrown from the paver over a guardrail and suffered serious injuries. The dump truck went on to hit and injury two other workers. The Kentucky State Police have cited unsafe speed, road conditions and driver unfamiliarity with the area as causes of the accident.

In cases where people are injured while working by a person not employed by the same employer or business, the injured people have both a workers compensation claim and a third party negligence claim to recover their lost wages, medical bills, and pain & suffering. Many times workers compensation does not afford a full recovery for the injured worker. In cases like the above, the worker can sue the driver of the dump truck and the business that owned the dump truck to recovery the full amount of monetary compensation and reimbursement he or she is owed. These are referred to as third party claims and they seek to make sure that the injured person is granted full justice and a full financial recovery.

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Hip Implant Safety Recall: DePuy Hip Implant Litigation

March 4, 2011

DePuy Hip Implant recipients need to know their legal rights when it comes to the recalled hip implants they have.

The DePuy Hip Implant Problems:

Common Symptoms of Defective Hip Implant:
Difficulty standing or walking
Crunching and popping noises from the hip area
Limping or favoring one leg
Hip fracture or dislocation
Tissue inflammation & infection in the hip area
Pain in the hip area

Hip Implant Timeline:
In 2003, DePuy began marketing these hip implants as the Rolls Royce of implants.
In 2005, the medical literature began discussing the problems with metal on metal implants.
In 2007 & 2008, DePuy began to recognize the problems with the product in Australia and pulled the product from the Australian markets.
In late 2009 & Early 2010, DePuy began a silent recall to reduce the sale of these implants and remove inventory from the market.
In March 2010, DePuy issued Urgent Field Safety Notices about the hip implants.
In July 2010, the Depuy ASR 100 and ASR 300 Hip Implants were recalled.
In August 2010, physicians were notified of the recalls.

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Safety Recall: Medtronic Pain Pumps Have Been Recalled Due For Safety Reasons

March 3, 2011

Medtronic%20Infusion%20Pump.jpgThe Medtronic infusion pain pumps are devices implanted in the abdomen of patients to gradually deliver drugs and fluids. These pumps have been known to allow too much of the drugs to be injected and cause overdoses and deaths. These incidents usually involve the refill process. In January 2011, Medtronic sent letters to doctors reminding them of the refill procedures and it has updated its instructions and warning labels.

Even in light of the extra precautions taken by Medtronic, the FDA (U.S. Food & Drug Administration, last month, issued a Class I recall on Medtronic infusion pumps. Class I recalls are the most serious issued by the FDA/U.S. Government. If you or a loved one has a Medtronic infusion pump you should be aware of the dangers involved.

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Louisville, Kentucky Judge Orders Information & Records Turned Over To The Kentucky Commission On Human Rights

March 2, 2011

952313_gavel.jpgA Jefferson Circuit Court Judge has ordered the City of St. Matthews, Kentucky to respond to a 2008 complaint filed by a former female police officer with the Kentucky Commission on Human Rights. The Human Rights Commission had sought information and a response from the city for nearly 2 years in regards to the complaint filed by the former police officer. The case has been stalled until this information is received and the investigation can continue.

The ruling this week requires the city to produce the information to the Commission within 30 days. From there the investigation into the complaints can move forward.

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Danville, Kentucky Lawsuit Over Being Dropped BY EMS

March 1, 2011

875412_balance.jpgA lawsuit has been filed in Boyle County Kentucky regarding a Danville man who was dropped and injured by Boyle County EMS workers. The case involves the Boyle County, Kentucky EMS responding to call at the man's apartment after he suffered a minor fall, injuring himself. As the EMS workers transported the man from his apartment, they dropped him onto the concrete stairs leading from the apartment building, and caused him even greater injury.

EMS workers can be liable in these situations if they were negligent in transporting the patient. The questions surrounding this case are:

How they transported the patient;
Should they have done something different and been more careful; and
Did their negligence cause the patient to be dropped and injured.

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