Articles Posted in Assault & Battery Victim

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A tragic case of workplace violence occurred Tuesday afternoon in Louisville, Kentucky at LG&E. Andre Johnson, age 53, was shot and killed by a co-worker. The co-worker then committed suicide. Initial reports have stated that a conflict had existed between Johnson and his murderer for approximately 1 year. These sort of reports are very disturbing form a legal perspective, in that an employer, such as LG&E, owes a duty to its employees to provide a safe workplace. If LG&E was on notice that Mr. Johnson’s co-worker and murderer was a potential danger, then it should have taken action to address this situation. Mr. Johnson’s family and his Estate may have legal claims against LG&E related to his death, including a potential negligent supervision and/or negligent retention claim. The question to be examined is was it “foreseeable” by LG&E that Mr. Johnson’s killer/co-worker would act violently towards Mr. Johnson.

The family of Andre Johnson and his Estate will have a wrongful death claim against Jeremy, “Billy” Davis’ Estate (the co-worker who shot and killed Mr. Johnson). If the facts indicate that LG&E could have or should have done more to prevent this murder in the workplace, then LE&E may also be liable to Mr. Johnson’s family and his Estate for the damages stemming from this workplace violence.
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A 23 year Kentucky old man was found dead in a catholic school parking lot after he shot himself in the head. Prior to committing suicide, the 23 year old posted online criticism about a few priest where he attended high school, which was the parking lot he was found dead. The dead man had graduated form the high school in 2006. He posted online that the abuse in the church is “real” and that he hopes to “save at least one child from the pain and torment that I had to go through.”

Abuse of children is one of the most horrific crimes possible. It is an act perpetrated by those in positions of power and influence over the young, and takes advantage of the children’s innocence and position of weakness. Institutions like churches and schools who allow this activity to occur are as guilty as the offenders themselves, as it is the role of such places to protect children and take steps to prevent such abuses.

In cases of child abuse and sexual abuse of children, the children have legal claims against the offenders, and potentially against the employers and institutions which are responsible for supervising the children. In cases where suicide results from the abuse, the Estate of the victim can bring a wrongful death claims also.

The scars and injury from abuses to children continue for years into adulthood and can ruin lives of the victims and their families. Victims often find the need for a lifetime of therapy and often turn to drugs, alcohol, and even suicide to avoid the pain, mental anguish, and guilt they feel for having been a victim.
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1191196_students__3.jpgIn Owensboro, Kentucky, a former youth minister has pled guilty to four counts of sex abuse and will receive three years in prison. The charges stemmed from a sleepover at a church which the man was accused of inappropriately touching a 15 year old girl. Those allegations lead to two other girls coming forward with similar charges.

It is always a tragedy when an adult in a position of authority and influence over a child takes advantage of the situation and make the child a victim. Sexual abuse is something that injures a child for the rest of their lives. It affects them socially, their ability to complete tasks and hold down stead employment, and hinders their ability to maintain trusting relationships. Person who sexual assault children deserve to be locked up and have the keys thrown away. They prey upon the most innocent, who look to them for guidance and protection.

Parents of child abuse victims can seek recourse not only through the criminal justice system, but also through the civil justice system. In cases which involve churches, schools, daycares, or other businesses which have a responsibility to protect kids at their business or under their care, parents can sue the businesses or institutions under a legal theory of negligent hiring retention, and supervision. These type of lawsuits against the businesses force the businesses to take responsibility for their employees, their actions and/or failure to take actions to protect children. Such lawsuits allow for the business to be punished, force the business to take proper steps to ensure such does not happen again under their watch, and obtains money for the victims to compensate them for what happened to them and affords money for their future care and therapy.

The Ackerson Law Offices have handles suits involving schools, daycares, and private swim clubs, where children have been sexually assaulted by adults, including persons in authority position.
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