Kentucky Injury Attorney Blog

The 2011 tragic stage collapse at the Indiana State Fair in Indianapolis continues to affect numerous people - those who lost loved ones, those who were injured, and those who may or may not have been at least partially responsible for the accident. In an attempt to figure out who other than Mother Nature was responsible, the State of Indiana contracted with two different firms, one to study the stage and the other to review what preparations were made in case of an emergency. The firms were also asked to give recommendations on how the state could prevent tragedies like this at future events.

According to one report, the fair board and Indiana police approached Sugarland, the band waiting to perform, about postponing the show more than once. Each time they asked, they were told the band did not want to postpone the show. However, during a deposition, one of the band members said she was never approached by anyone about cancelling or postponing the show, so attorneys are now looking at the band's touring manager as the one who may have put the concertgoers' lives at risk. The same report also faulted the fair board for not having a clear safety plan or chain of command in case of an emergency.

The other report found fault with the stage design. It was not built to withstand the high winds that brought down the stage rigging on the crowd. Over $80,000 in fines have been issued by the Indiana Department of Labor, including about $63,000 against Mid-America Sound, which built the stage for the fair. As a result of this accident, the Indiana Fire Prevention and Building Safety Commission passed new regulations regarding temporary stages for outdoor events in Indiana at the beginning of May this year. Larger venues will be required to have their stages and rigging plans reviewed by an engineer and will have to provide documented emergency plans. Those smaller fairs or festivals that most likely could not afford the additional cost of an engineer's review would be required to leave additional space between the stage and the crowd. An eight-foot area between the between the crowd and the tallest height of the rigging would be necessary to avoid being in violation of the regulations.

Continue reading "As Personal Injury Lawsuits in Indiana Stage Collapse Continue, New Regulations Take Effect" »

Most Kentuckians are familiar with the tragic story of the death of 13-year-old Jamie Mitchell. On June 6, 2009, he was on a camping trip with the youth minister of his church. The youth minister, Derek Coulter, allowed Jamie to drive his SUV. Jamie lost control of the vehicle and crashed. Derek Coulter initially tried to cover up the actual cause of the car accident by telling everyone from police officers to the mourners at Jamie's funeral that he was driving and swerved to avoid hitting a deer. He also said that Jamie was wearing his seatbelt at the time of the car crash, but investigators could find no marks on his body to show that a seatbelt was on him. The truth was finally revealed by the 15-year-old passenger from the accident, who initially was afraid to say anything because Coulter had told them they would both get in trouble.

After the truth came out, Derek Coulter was arrested and charged with reckless homicide and sentenced to five years in prison. Jamie's mother is still shocked and heartbroken about her son's death and the lies Derek Coulter, who is her cousin, told her. "[H]e told me the whole time on the scene he held my son's hand until he let go and I don't even know if that's true" she said.

In the latest chapter of this tragedy, Jamie's parents have filed a civil wrongful death lawsuit against Coulter and the Big Springs Assembly of God Church in Bloomfield Kentucky, the church that employed Coulter at the time of the accident. Lawyers for both sides of the case have differing views as to whether or not the church could be held responsible for the accident. The attorney for the church claims that the camping trip was not a church-sponsored event, so effectively, Coulter was on his day off when the accident occurred. He also states that the function was not on the church schedule and did not happen on the grounds of the church, but rather on a farm.

Attorneys for the plaintiff have several arguments to counter the church attorney's statements. First, they have witnesses that will state that Coulter let multiple underage, unlicensed teens drive his SUV, both in the parking lot of the church and on the way to church functions. They also feel they can prove the campout was a church event. They state that all 10 children who attended were from the church; Coulter's wife told the kids they couldn't swear because it was a church event; Coulter himself referred to the campout as a church outing during the victim's eulogy; and the farm owner only offered to let Coulter and the kids camp on his property because he was approached through the church about it and was under the impression it was a church event.

Continue reading "Is Church Partially Responsible for Car Accident Death of Kentucky Teen?" »

Much of the discussion regarding medical malpractice today revolves around the "caps" being put on damages awards in certain states. People argue for and against these caps based largely on whether they are members of the medical profession or have been injured or known someone who was injured by a doctor, nurse, or other medical person.

One segment of the population is not affected by these caps because they are not allowed to file medical malpractice claims when they are injured by someone in a medical field. These are the same people who protect our freedom both in the U.S. and abroad. They are the members of the U.S. military.

Back in the 1950s, a soldier was killed in a barracks fire. His family sued the government for negligence that led to his wrongful death. The Supreme Court determined that the federal government could not be held liable for his death because he was an active member of the military. Because the soldier's last name was Feres, this decision by the Supreme Court, which has stood ever since, is called the Feres Doctrine. In defense of this doctrine, the government states that service members are compensated in other ways, such as through disability assistance available to veterans, pensions, and VA medical care.

This serves as little consolation to the most recent service member to challenge the Feres Doctrine. In July 2009, and Air Force airman went to a military medical center in California to have his gall bladder removed. During the surgery, a doctor cut his aorta, causing massive internal bleeding that was not corrected until he was transferred to a civilian hospital several hours later. By then, he had lost so much blood that both of his legs had to be amputated. He has so little of his legs left that his prosthetics are uncomfortable to wear and he spends most of his time in a wheelchair. He is only 23 years old. He and his wife have filed a medical malpractice lawsuit against the government requesting over $50 million in damages to compensate for lost income, pain and suffering, disfigurement, and loss of a marital relationship, among other things.

Continue reading "Why Those Serving in the Military in Kentucky Cannot File Medical Malpractice Lawsuits" »

On Tuesday, March 6, 2012, a motorcyclist was killed on I-65 in Louisville, Kentucky. It appears that the motorcyclist was travelling in the middle lane between a pickup truck and a tractor-trailer truck. According to Louisville police, the accident seems to have been caused when the driver of the pickup truck moved into the lane the motorcycle was in, causing the motorcycle to collide with the semi. Traffic on I-65 and the nearby ramps of the Watterson were closed for several hours and rush-hour traffic had to be diverted.

This horrific crash illustrates a few points of driver safety that bear repeating. First, riding a motorcycle can be fun and exhilarating, but it is inherently much more dangerous than driving a car. As a result, motorcyclists have to take extra precautions, especially when riding on a multi-lane highway. Motorcycles are smaller than cars or trucks and can be overlooked by other drivers on the road. Motorcycle riders have to be incredibly alert when riding to make up for other drivers possibly not seeing them. Proper gear should be worn at all times, including long pants, boots, a protective jacket and a helmet. The motorcyclist in this accident does not appear to have played any role in this accident, he was an innocent victim, and all of the above precautions still may not have saved his life.

Second, car and truck drivers need to always be alert when driving, paying attention to the road and those around them. It is even more important when travelling at higher speeds on a freeway or interstate. As noted above, motorcycles are smaller and may be harder to notice, especially in a rearview mirror. Any distraction may be enough to cause a driver to not see a motorcyclist, or another car driver, before it is too late. It is unknown whether the pickup truck driver in this wreck was distracted by the radio, a cellphone, or even a snack, or if distraction played no role in the accident.

Continue reading "Motorcyclist Killed in Truck Accident on I-65 in Louisville Kentucky" »

Spring is in the air in Kentucky, and with it comes the upswing of outdoor activities that have been on hold since fall. Children are swinging and sliding, people are once again tending to their lawns, and riders are gassing up their ATVs for the season. Unfortunately, with the thrill and freedom of ATV riding comes the risk of serious injury or death.

On February 26, 2012, a woman was killed in an ATV accident in Meade County Kentucky. She was riding on an ATV that was being driven by her fiancé. They were riding in circles when her fiancé lost control of the ATV and it flipped. They both fell to the ground and the 26-year-old woman was killed. The driver admitted to consuming alcohol before causing the ATV accident. He was allowed to attend the victim's funeral, but then was arrested by police. He has been charged with improper control and driving under the influence, and more charges may be added.

The ATV Safety Institute provides the following guidelines to help riders operate ATVs safely:

1. Always wear a DOT-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots, and gloves.


2. Never ride on paved roads except to cross when done safely and permitted by law - another vehicle could hit you. ATVs are designed to be operated off-highway.


3. Never ride under the influence of alcohol or other drugs.


4. Never carry a passenger on a single-rider ATV, and no more than one passenger on an ATV specifically designed for two people.


5. Ride an ATV that's right for your age.


6. Supervise riders younger than 16; ATVs are not toys.


7. Ride only on designated trails and at a safe speed.


8. Take a hands-on ATV RiderCourseSM and the free online E-Course. Visit ATVsafety.org or call 800.887.2887.

In the case above, at least three of these guidelines were not followed. The driver had been drinking alcohol, neither rider was wearing a helmet at the time of the crash, and they were riding on an unfinished part of a highway instead of a designated ATV trail. All of these factors likely contributed to the victim's death.

Continue reading "ATV Crash in Kentucky Claims Life of Young Woman" »

A retired doctor was living in Treyton Oak Towers nursing home in Louisville, Kentucky. The resident allegedly suffered from osteoporosis and had a care plan in place regarding how he was to be moved. A care plan is often created by a hospital or physician when a nursing home or assisted living resident requires care that differs from the normal care given by the facility. In this case, the attorney for the resident alleged that his care plan called for two assistants to be used when moving him.

In September 2008, the victim's family claims he was moved by only one person without the use of a lift and that both of his legs were broken during the move. Because he had previously suffered a stroke, he was unable to tell anyone about the pain he was suffering. The lawsuit filed on his behalf stated that the nursing home attempted to cover up the situation and that his broken legs were not discovered until September 24, 2008. He was transferred to a hospital for the broken bones, and was later relocated to a different nursing home. He succumbed to his injuries on November 3, 2008.

While the attorneys for the nursing home tried to convince the jury how much the victim meant to them, and that he was never abused or neglected, the jury still found in favor of the victim, awarding his estate $8 million in damages. Of this total, $1 million was awarded because the nursing home violated Kentucky's nursing home statute. Numerous patient rights are covered by KRS 216.515, the statute that covers the rights of residents and the duties of the facility. The lawsuit in this case may have included the violation of one or more of the following sections:

Section 6 - "All residents shall be free from mental and physical abuse..."

Section 19 - "Every resident and the responsible party...has the right to be fully informed of the resident's medical condition..."

Section 22 - "The resident's responsible party or family member...shall be notified immediately of any accident, sudden illness, disease, unexplained absence, or anything unusual involving the resident."

Continue reading "Family of Kentucky Nursing Home Neglect Victim Awarded $8 Million" »

In November 2010, a woman went to the Walgreens on Stony Brook Drive in Jeffersontown, Kentucky to get her prescription filled. She had been suffering with high blood pressure among other things and needed hydralazine to treat it. Unfortunately, the pharmacist that took the prescription from her gave her hydroxine, an antihistamine, instead. Because of the error, the woman did not receive the proper treatment for her high blood pressure for two weeks. By the time the error was found, she had to be hospitalized and she died soon after.

The victim's family filed a wrongful death lawsuit on February 15, 2012 in Jefferson Circuit Court. The suit claims that the pharmacist on duty did not counsel the victim on the medication. If he had, he would have noticed the mistake and the proper medication could have been dispensed immediately. Both the pharmacist and Walgreen Corporation are named as defendants in the lawsuit. Compensatory and punitive damages are being requested in the claim.

A wrongful death lawsuit can be filed for numerous reasons. In this case, the victim was treated improperly because she was given the wrong medication, which is considered a type of medical malpractice. Fatal car accidents caused by drunk drivers, drivers under the influence of drugs, or other distracted drivers can result in a wrongful death lawsuit. A lawsuit of this kind can be filed if someone is killed by faulty products or equipment. A good example of this situation is the stage collapse at the Indianapolis, Indiana fairgrounds that killed several people. Deaths from nursing home negligence or abuse can also be cause for a wrongful death lawsuit.

Wrongful death lawsuits are filed by the estate of the victim, most often a family member. The statute of limitations in Kentucky, which is how long the estate has to file suit, is a bit confusing. After a victim has died, the family has up to two years to appoint a representative and to file a lawsuit. Once a representative has been named, a suit must be filed within one year. So if a representative is appointed two days after the victim's death, the estate has one year and two days after the death to file a claim because a representative has been appointed. If the estate waits 18 months to find a representative, there are only six months left in which to file a claim before the two-years-after-death deadline.

Continue reading "Kentucky Woman Dies after being given Wrong Prescription at Pharmacy" »

On Sunday, February 5, 2012, Robert Kempf was driving on I-71 near the Watterson Expressway in Louisville, Kentucky when a fatal accident occurred. Based on a preliminary investigation, this tragic car accident could have been avoided.

Robert Kempf and his friend had been watching the Super Bowl that Sunday, visiting with friends, drinking some alcohol. Later that night, Mr. Kempf got in his 1995 white Corvette with his friend. Once on I-71, he started speeding and lost control of the vehicle. Investigators are unsure if he ran off the road and rolled the car or if the car rolled over until it left the road. Either way, his 49-year-old passenger was killed when the car rolled onto its roof. How Mr. Kempf was able to walk away with minor injuries is a mystery.

What is not a mystery are the factors involved in this crash. First, Mr. Kempf was driving over the posted speed limit, which makes it more difficult to control a vehicle. Second, Mr. Kempf had been drinking prior to driving the vehicle. Being under the influence of drugs or alcohol seriously hinders a driver's ability to safely operate a vehicle. Mr. Kempf certainly should have been aware of this, especially since he has been arrested for DUI three other times in Louisville. He has been charged again with DUI in this case too. However, this time is a little different because he has also been charged with murder.

A similar case is unfolding now, also in Louisville. John Koerner of Clarksville, Indiana was driving on Grinstead Drive with two passengers in his car on February 10th when he lost control of the vehicle and hit a tree. One of his passengers was ejected from the vehicle during the accident. According to witnesses, Mr. Koerner and Kristy Harper, the other passenger, fled the scene. They were both found shortly after they ran. The injured passenger was taken to the hospital and the driver was charged with leaving the scene of an accident, driving under the influence, assault and wanton endangerment. Ms. Harper was charged with leaving the scene of an accident and public intoxication.

Unfortunately, the injured passenger succumbed to a brain injury on February 15th, raising the possibility that Mr. Koerner could now be charged with murder.

Continue reading "Two Kentucky Car Accident Fatalities caused by Drunk Drivers" »

A medical malpractice suit has ended in the victim's favor in New Albany, Indiana, and a new case has been filed in Taylor County, Kentucky. The first case altered a young woman's life forever, and the second case took the life of a woman completely.

A 21-year-old woman went to Floyd Memorial Hospital because of abdominal pain on June 5, 2003. She was told by Dr. William Garner that she required surgery the next day. Dr. Garner changed his mind about the surgery the next day, then left for the weekend. By June 8th, the patient's condition had dramatically worsened and she had emergency surgery to remove her bowel. She filed a medical malpractice lawsuit contending that if the doctor had continued to have her monitored in his absence, her need to have surgery would have been discovered sooner and more of her bowel could have been saved.

As a result of the delayed surgery, the suit alleges that the victim's life has been negatively affected. She finds it impossible to work. Her body processes food in 30 minutes, rather than the normal six to eight hours, so she is unable to obtain proper nutrition from the things she eats. She also suffers from bloating.

In January, 2012, the jury agreed with the victim and awarded her $1.5 million in damages.
The amount was reduced by the courts to $1.25 million due to a state limit on medical malpractice awards. Some may think a jury of the victim's peers may have not been fair because they are not in the medical profession. But Indiana requires all medical malpractice claims to be reviewed by a panel of three impartial doctors before they can go to trial, and all three agreed with the victim and allowed the case to go to trial.

Continue reading "Medical Malpractice Lawsuit Ends in $1.5 Million in Indiana, Another Begins in Kentucky" »