Recently in Wrongful Death Category

November 18, 2014

Update: Fatal Kentucky Speedway Crash

In a blog post earlier last month, we addressed a speedway crash that occurred at a prominent Kentucky speedway. As a local news report reiterated, the young man was celebrating his birthday at the speedway when something went awry and an accident occurred. He was lift flighted to a medical center, where he eventually passed away.

daytona-track-779675-m.jpgEven after all this time has passed, the raceway has been unable to provide any insight as to how or why the crash occurred. The family has been attempting to garner the assistance of witnesses who may be able to provide support in the investigation. To further complicate the investigation, no law enforcement agency was called to the scene of the accident following the crash.

Establishing Premises Liability against Speedways and Amusement Parks

In Kentucky, owners of a public property, high-thrill activiy, or amusement park may be held liable for accidents and injuries that occur on their property. It is the duty of the amusement park to maintain its property and ensure that it is safe for those who are utilizing its property or services. The property owner does not only need to correct any safety dangers that it knew about but is also liable for dangers that it should have known about.

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November 4, 2014

Plaintiff's Jury Award of $5.9 Million Reversed Due to Evidence Rule

The Eleventh Circuit reversed and remanded a case to district court because of an evidence-rule violation. A woman brought a wrongful death action on behalf of her husband. She claimed that her husband developed lung cancer because of his addiction to cigarettes. She brought a suit against the manufacturer of the cigarettes.

untitled-1391828-m.jpgApparently, the defendants discovered evidence that the plaintiff's husband was addicted to alcohol in addition to cigarettes. The plaintiff filed a motion in an attempt to exclude the evidence of her husband's alcoholism. She focused on the expert's report and his opinion that additional data was needed to determine the cause of her husband's death and any relationship his alcoholism had to his cancer. Her motion was granted by the judge.

The plaintiff was awarded a large settlement. However, the defendants appealed the decision and claimed that evidence of the plaintiff's husband's alcoholism should not have been excluded. The court found that under Federal Rule of Evidence 403, the evidence of the plaintiff's husband's alcoholism was "highly probative and did not cause a high amount of unfair prejudice." The court remanded the case for a new trial.

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October 24, 2014

Kentucky Forklift Operator Killed In Work Accident

Early this week, a Kentucky forklift operator was involved in a fatal workplace accident. A local newspaper reported that the woman was only employed with her employer for approximately two weeks when the accident occurred. An investigation has yielded information indicating that some part of the machinery malfunctioned, which resulted in the accident. Employees who witnessed the accident explained that the woman was operating the forklift in the driver's position when it continued to move upwards, eventually decapitating her. Sadly, the woman was only in her 20s, and she was the mother of a young child. The company explained that it is still investigating the accident.

forklift-1-1125238-m.jpgManufacturer Liability

In many personal injury cases, individuals are not only injured by the negligence of an individual person but by a defect in a product or part of a product. In the above case, the victim may pursue her company for negligence, but she may be able to bring a suit against the manufacturer of the forklift that malfunctioned as well, or her company may choose to do so.

In Kentucky, product liability follows the rules and regulations put forth by the Kentucky Product Liability Act. Individuals or their representatives may bring a suit for product liability if they are injured, or if it results in their death or damage to their property. The suit can be based on things such as the design, manufacture, and assembly of the product.

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September 9, 2014

Kentucky Teen Struck and Killed By Ambulance

Late last month, a teen was hit and killed by an ambulance in Knox County. A local news syndicate reported that the young man had just began high school before the tragic accident occurred.

ambulance-1334533-m.jpgApparently, the young man was spending time with his friends riding his bike on the median on US 25, near Corbin. At the same time, an ambulance was driving a patient to the hospital down US 25. The report explained that at some point and for an unknown reason the ambulance went off the road and hit the young man and two of his friends, who were also riding their bikes.

Two of the victims were taken to Baptist Regional Medical Center in Corbin. Sadly, the other young man was declared dead at the scene of the accident. He was only 14 years old, and his family had only recently moved to Corbin.

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June 17, 2014

Bicycle Rider Raising Money For Cancer Killed By a Truck in Kentucky

An assistant coach for Catholic University's basketball team recently died in Kentucky while on a charity bicycle ride from Baltimore, Maryland to Portland, Oregon. The 24-year-old woman was struck and killed by a truck in Scott County, just outside of Lexington.

bicycle-crossing-sign-1431139-m.jpgThe woman and roughly 30 other bicycle riders had been riding cross country to raise money for the Ulman Cancer Fund. The objective was to cover 4,000 miles in 70 days. The woman had paused on the side of U.S. Route 25 to change a tire when the truck struck her. She was pronounced dead at the scene, while the riders around her suffered injuries that were not life threatening. There is no indication as to whether the truck driver stopped to aid the injured riders, or whether the truck driver was being negligent, or was under the influence of drugs or alcohol.

Those who knew the woman praised her for her fun-loving personality and her willingness to take on challenges. She knew ahead of time that the 4,000-mile bicycle ride was going to be her greatest challenge yet, but she was prepared to see it through. She would be remembered for "her caring nature, considerable warmth, subtle sense of humor, and consistent thoughtfulness."

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May 8, 2014

Indiana Woman Forgives Off-Duty Officer Who Caused a Crash That Killed Her Husband

A young Indiana woman who lost her husband in a car accident, and nearly lost the child she was carrying, has recently stated that she forgave the driver of the other vehicle. In early April, she gave birth to a baby girl just hours after her husband was killed.

car-accident-671890-m.jpgOn April 6, the young couple were driving in their 1996 Buick from church services when they were slammed into from behind by an SUV driven at 92 miles per hour. The impact caused their car to veer off of the road and slam into a utility pole. The other car was driven by an off-duty police officer, James Foutch of Edgewood, who was later found to be high on the anti-anxiety drug Xanax and the painkiller hydrocodone. While Foutch escaped without serious injury, the young couple were not so fortunate. The husband died almost instantly when he leaned over his pregnant wife to shield her from the impact of the crash. The young wife held him as he took his last breath.

She was later rushed to an area hospital, where the doctors -- fearing for her baby's life - delivered the baby via Caesarian section, before rushing her to another hospital to treat her broken bones and other internal injuries. The baby and her mother were reunited one week later, with the baby healthy and suffering no damage from the accident.

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November 20, 2013

Kentucky Woman Struck and Killed By Train in West Virginia

Recently a 50-year old woman from Kentucky was killed in Shepherdstown, West Virginia, after being struck by a train. At close to 10 pm at night, the woman apparently was crossing the tracks when she was struck by a northbound Norfolk Southern train near the East German Street crossing and South Mill Street. Although emergency medical personnel reached her a short time later, it was too late and the woman was soon pronounced dead.

railway-tracks-1428076-m.jpgThe tragic accident is being investigated, and early reports suggested that the woman was walking with a man on the tracks. However so far, the Shepherdstown police, the West Virginia State Police, and other law enforcement agencies have been unable to find a second victim, or information on where a second person might have gone. It is believed that no foul play was committed.

The Shepherdstown police chief issued the following warning to residents of the area: do not walk on or near the train tracks. One reason is because the trains and their cars are wider than the tracks, so even those who are not on the tracks are still capable of being struck if they are too close to where the tracks lie. Furthermore, it may be possible to misjudge the speed at which the train is approaching, especially during times of darkness. All the individual may see is a light coming closer before the fatal collision.

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November 15, 2013

One Indiana Man Killed, Two Injured in a Steel Mill Accident

Recently, an iron worker from Valparaiso was killed and two others were injured in an accident at the ArcelorMittal Steel West Indiana Harbor. The 39-year old victim was a contract iron worker associated with Iron Workers Local 395 in Merryville. Details about the accident remain unclear, but the victim allegedly died of blunt force trauma near the steel mill's oxygen furnace caused by a falling metal plate. The other two workers -- also contract iron workers -- were transported to a hospital in East Chicago with injuries that were not considered life threatening.

worker-1-week-169773-m.jpgArcelorMittal personnel, along with United Steel Workers, the East Chicago police, and the Indiana Occupational Safety and Health Administration are all currently investigating the situation. They will see whether any corrective measures need to be taken. The victim is survived by a wife and three children.

In situations where a worker is injured during the course of employment, the worker usually receives workers compensation payments until he or she can return to work. That is because most states (including Indiana) require that employers carry workers compensation insurance; if an employer complies, then injured workers are required to accept workers compensation payments and waive their right to file a lawsuit. In some respects, this arrangement benefits the workers, who can collect payments, in most cases, regardless of fault and without having to pay the expenses of litigation.

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September 10, 2013

Two Missouri Men Killed in a Speed Boat Accident on Kentucky's Lake Cumberland

This past weekend, two men from Missouri were killed in a speed boat accident in southern Kentucky. They were driving a high-powered speed boat on Lake Cumberland when, unexpectedly, the boat flipped over, throwing both men into the water. Their bodies were retrieved one hour later. Investigators attributed the accident to driver error.

The driver apparently was new to boat-water-trail-1343298-m.jpgspeed boating and was described by friends as an enthusiast. The two men were participating in an event known as the Lake Cumberland Power Run, which supposedly combined "the raw fury of over 150 of the country's meanest and fastest powerboats with the fun and energy of Mardi Gras." Yet the driver's inexperience may have led him to underestimate the potential speed of the boat he was powering. A Kentucky Fish and Wildlife investigator noted that the boat's top speed may have been as high as 100 miles per hour. When both men were ejected, the driver suffered blunt force trauma to the head, while the other man suffered blunt force trauma to his abdomen and lower extremities.

Despite the deadliness of boat accidents, not nearly as much attention is given to boat safety as car safety. In Kentucky, someone operating a boat unsupervised is required to get an education certificate in boat safety only if that person is between the ages of 12 and 17 and only if the motorized boat has more than 10 horsepower. The state's DMV encourages those who don't fall within the age range to get an education certificate anyway, but does not require it. Therefore, a Kentucky resident of the driver's age, with his level of experience, would not be required to obtain any sort of training prior to operating a high-speed boat. Instead, the only requirement is that the boat must be registered.

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February 16, 2013

Health Inspections Find Numerous Issues at Most Massachusetts Compounding Facilities

1285558_injection_needle_macro_2.jpgIn 2012, hundreds of people became ill and 46 people died as a result of tainted medication. The problem was traced back to a compounding facility in Massachusetts that has since closed. Steroid injections given to people with back pain had been contaminated and caused a meningitis outbreak that affected patients in 20 states. Shortly after the source of the outbreak was discovered, the Massachusetts Department of Health started doing surprise health inspections at the other compounding facilities across the state. Their findings, released in February 2013, were surprising and a little scary.

Inspectors visited 37 of these specialty pharmacies and discovered deficiencies at all but four of them. That means there were issues at 33 of the companies. Of this number, 11 had violations so serious that at least parts of their operations were temporarily shut down. One company voluntarily surrendered its license, and the other 21 had more minor violations and were allowed to stay open. Officials were quick to point out that this is not a one-state issue; Massachusetts just happens to be the one state that did these inspections. Some states don't even require their compounding facilities to comply with the guidelines checked by the inspectors in Massachusetts.

While none of the problems discovered were as bad as those found at the facility that caused the outbreak, it is still good that the issues were found and will be corrected. The state has dedicated funds to pay for more routine inspections of compounding pharmacies, and hopefully other states will follow in its footsteps.

Many victims of the meningitis outbreak have filed product liability lawsuits against the now-defunct compounding pharmacy, and the families of some of the victims who died have filed wrongful death claims. But because the company is no longer in business, it is unclear how much anyone would be awarded. Some of the victims may have also filed medical malpractice claims against the medical personnel that administered the tainted injections, but it remains to be seen if any of them will be held accountable.

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February 8, 2013

Proposed Bill Would Require Board Review of Kentucky Nursing Home Lawsuits

Kentucky nursing home abuse and neglect is far too prevalent already. Numerous residents throughout the Commonwealth suffer from bedsores, malnutrition, dehydration, and injuries from improper handling and medication errors. Now the Senate Health and Welfare Committee has approved a proposed bill that may make it harder for victims to file personal injury or wrongful death lawsuits against nursing homes.

Senate Bill 9 would require that any potential nursing home injury or wrongful death lawsuit be heard by a three-person medical panel before it could proceed in court. The panel would be created by both parties, with each party selecting one person and the third being agreed upon by both. The board's findings would then be admissible in court.

While this seems fair at first, there are foreseeable problems with this arrangement. First, it prolongs the amount of time it takes for a victim to be compensated for injuries or an estate to be compensated for the death of a loved one. Many families need this compensation sooner rather than later for medical bills or funeral expenses. Second, the medical professionals chosen by the victim and by both sides together may still be partial to the nursing home. Some may cast their votes against the victims to ensure that they are not blacklisted at the nursing home and unable to provide services there. There is no financial or professional benefit to being a proponent for a victim of nursing home abuse or neglect.

This seems to be a no-win situation for those who have suffered in a Kentucky nursing home. But there is perhaps a positive side to it. If by chance the medical board would rule in favor of the victim, this information could be very beneficial to the case. Having at least two out of three experts stating the resident's injuries were caused by the nursing home would make it hard for another expert to dispute in court.

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December 20, 2012

$109 Million Awarded to Family of Electrocution Victim in Personal Injury Lawsuit

After reading this title, most people are probably amazed - or even disgusted - by the amount of money mentioned. But once a little more information is given, it may seem more reasonable. Wrongful death cases such as this one take into account many different factors that people who have never been involved in this type of lawsuit don't consider.

First, a little background. In 2009, in Pennsylvania, a woman went into her back yard to call the local power company on her cell phone after the power went out in her home. This was the third time that the power line had failed. While she was outside, the power line, which was still live, fell on her. When her mother-in-law went outside to check on her, she discovered the victim being electrocuted and burned. She went into the yard and tried to help, but was immediately injured by the electricity and was unable to help. The mother-in-law and neighbors who wanted to assist could do nothing to help the victim until the power to the line was cut off 20 to 25 minutes later. She was eventually taken to the hospital, where she succumbed to her injuries three days later.

Not only did a woman lose her life, but she suffered immense pain before her death. To make matters worse, her mother-in-law and two daughters, who were two and four at the time, saw her being burned and electrocuted. That is something these survivors will most likely remember for the rest of their lives. Her husband lost his wife, and her children lost their mother in a horrific way.

Allegedly, this was not the first time that the power line failed. Two other times their house had lost power and the husband had notified the power company of the problem. The attorney for the victim claimed that workers for the electric company had been inadequately trained in how to splice wires so that they would not rust and come apart.

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November 20, 2012

Midland Texas Train Crash a Tragedy

One cannot look online or read a newspaper without seeing an article about the tragic accident in Midland, Texas. Numerous war veterans and their spouses were riding on a parade float being pulled by a semi-truck when it was hit by a train. Four veterans lost their lives and several other people were injured. As the victims and their families try to put their lives back together, investigators are trying to determine what caused this tragic accident.

One of the things they will examine is the train itself. Was it working properly? Did the horn sound at the appropriate time, at the right volume, for the length of time required? Were the brakes and other components of the train in working order? They will question the conductors and engineers who were on board when the train crash occurred about what they witnessed and if they noticed anything that may have contributed to the crash.

Investigators will also examine the tracks and crossing gates. Initial reports are stating that the lights were flashing and the crossing gate bells were ringing before the truck attempted to cross the tracks. But witnesses say they don't think the crossing signals and gates are activated soon enough to allow enough time for the gates to be completely down before the train crosses the intersection. News reports have discussed that the speed of the trains at this crossing has increased over the years, and maybe the gates have not been adjusted to take this change into account.

The investigators will also thoroughly investigate the truck that was pulling the float when the accident occurred. The truck was donated by a local Texas company and was driven by a fellow military veteran. The driver of the truck will be interviewed and his background will be checked to make sure he had the proper training to be driving the truck. He will most likely be asked if he heard the warning bells at the crossing or saw the flashing lights or gates. The company that owned the truck will be questioned as well.

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November 13, 2012

Latest Fatal Kentucky Drunk Driving Accident Kills Motorcyclist in Louisville

Yet another Kentuckian has lost his life to a drunk driver in a car accident this year. On November 5, 2012, a motorcyclist was rear-ended by a drunk driver while waiting for red light to change in Louisville, Kentucky. He was taken to a local hospital, but died from his injuries. The drunk driver also crashed into another car, causing it to hit a fourth vehicle. Fortunately, none of the people in these cars suffered life-threatening injuries.

What made this motorcycle accident even more horrible was the nonchalance in which the drunk driver responded to causing the crash. According to a witness, he got out of his car and demanded that someone give him a light for a cigarette. He then told police, "Just take me to jail, I'm drunk." He never once asked about the conditions of any of the people he had hit. Equally frustrating is the fact that this was not his first offense. He was convicted of DUI in 2005 and has a criminal record that includes reckless driving, marijuana possession and alcohol intoxication. This time he was charged with murder, DUI, wanton endangerment, assault, and driving without insurance.

Ideally, the penalty he receives from this latest accident would be severe enough to convince him never to drink and drive again. But this may not be the case. Despite the fact that drunk drivers injure and kill people on a daily basis, the laws and punishments do not seem to be enough to keep it from happening again. One additional way the drunk driver may be punished is if any of the injured victims or the family of the deceased victim decides to file a personal injury or wrongful death lawsuit against him. They can seek compensation for lost wages, medical bills, funeral expenses, and pain and suffering, among other things. They can also request another type of compensation called punitive damages. This type of damages is meant to punish the alleged defendant for his actions in the hopes that he will not drive drunk again.

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July 31, 2012

Company Faces Numerous Kentucky Nursing Home Wrongful Death, Negligence Suits

In the spring of 2012, Extendicare, a company that operated 21 nursing homes in Kentucky, stated its intent to lease all of the homes to a Texas company. Their reasons were that too many lawsuits were filed against them in Kentucky and that the state was not looking into tort reform to limit the amount of damages a plaintiff could be awarded in a nursing home abuse or negligence case.

Because of the number of lawsuits filed against just one of their long-term care facilities, Kenwood Health and Rehabilitation in Madison County, it is understandable why they would want to no longer operate this Kentucky nursing home. But based on the information reported by the Richmond Register, we think the high number of lawsuits is not because Kentuckians are more likely to file cases, but rather that the company was providing substandard care to its residents. The accusations of the five wrongful death lawsuits and one negligence suit filed in 2012 read like a laundry list of signs of nursing home abuse and neglect.

The first wrongful death case states the victim had bed sores, infections, was injured by falling, was malnourished and dehydrated, and eventually died. The second case also suffered from malnutrition and dehydration, but was also not treated promptly for a broken hip and was not given proper medication. Her suit alleges that the lack of proper care caused her health to deteriorate more quickly and led to an earlier death. Case number three says a resident's health was allowed to decline at the nursing home so drastically that he ended up in intensive care in a hospital with sepsis, dehydration, and renal failure, and he passed away 43 days later. The other cases allege similar neglect at the nursing home and two of the three victims have died. The last resident still lives at the facility.

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