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Articles Posted in Wrongful Death

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Kentucky motorcycle crash: A motorcycle and car accident in Oldham County, Kentucky has resulted in the death of Robert Tooley, Jr., age 42. Mr. Tooley was riding a Suzuki motorcycle shortly after 10:00 p.m. when the accident occurred at the intersection of Ky 146 and Floydsburg Road. Mr. Tooley has been reported to have been wearing all necessary safety gear, including a helmet. The Nissan Maxima that that collided with Mr. Tooley’s motorcycle was driven by Laura Lindsey, age 18, of Crestwood, Kentucky. Ms. Lindsey was not injured. The accident is still under investigation. Mr. Tooley’s family and his Estate should seek to preserve as much evidence from this accident scene as possible, as they may be able to make a Kentucky wrongful death claim related to this accident.
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A car and a motorcycle collided last Saturday in Louisville, Kentucky, killing the motorcyclist David Woosley, of Louisville, KY. Woosley’s motorcycle was struck by a Saturn on the Watterson Expressway between the Dixie Highway and Cane Run Road exits. The driver of the Saturn, the passenger of Woosley’s motorcycle, and Woosley, were all taken to University Hospital, where Woosley died. Kentucky Motorcycle accidents usually result in serious injuries.

The wreck is still under investigation, and could result in multiple different legal claims, including personal injury claims or a wrongful death claim by Woosley’s family and Estate. Due to the serious nature of this crash, and a death, it is very important for all those potential claims to be handled by experienced legal teams to prepare the cases for presentation and determination as to fault in this accident.
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Johnathan Powell, age 18, of Oldham County, KY, was killed in a single vehicle accident. Powell was pronounced dead at the scene of the crash after the Ford F-250 he was a passenger in hit a guardrail and left the roadway. The driver of the vehicle and another passenger, Clinton Diven, age 18, were thrown from the truck and taken to University Hospital for their injuries. The motor vehicle accident is still under investigation. While the cause of the accident is still unknown, the Powell family and Clinton Diven both will have potential legal claims against the driver of the vehicle for negligence in handling the vehicle, which resulted the death of Powell and the injuries to Diven. Both the Powell family, through the loss of life, and Mr. Diven, through his injuries, will be able to be legally compensated for the damages.
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Barbara Prince, age 67, of Mobile, Alabama, was killed in a car accident in Louisville, Kentucky. The accident happened in the 9700 block of Dixie Highway, and involved a pickup truck and a car that Prince was a passenger in. This is a crossover style Kentucky auto accident. Barbara Prince was taken from the scene of the accident to University Hospital, where she was pronounced dead around 2:43 p.m.

The Prince Family and the estate of Barbara Prince will have a very strong Kentucky wrongful death claim from this accident. The will also be the potential for multiple insurance coverages to apply to insure that the family is properly and legally compensated for their loss. The legal economic damages from this accident will include the medical bills related to the accident, pain and suffering from the point of the car crash through the time of death, and the lifetime of lost earning capacity of Ms. Prince.
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A Taylor County, Kentucky car crash has resulted in the death of Barry Barnes, of Bardstown, Kentucky. The Kentucky auto accident occurred Friday afternoon at Finley Ridge Road and U.S. 68. Reports indicate that a truck driving east on U.S. 68 failed to see a vehicle turning in front of him and then went into a skid. The truck crossed the centerline into westbound traffic and had a head-on crash with Mr. Barnes vehicle. Barry Barnes was pronounced dead at the scene of the collision.

The result of this accident is that the Barnes family and the Estate of Barry Barnes will have a Kentucky wrongful death claim against the negligent driver of the truck that hit him. This claim will be a substantial claim due to the loss of life. Due to the legal damages being so high in cases like this, the Barnes family will need to examine as many sources of insurance and monetary recovery as possible to be sure that they receive the fullest extent of justice under the laws of Kentucky.
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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 tragic Kentucky auto accident occurred in Bullitt County, Kentucky, which has resulted in the death of 57 year old William Hardesty, of Mt. Washington, Kentucky. This car crash occurred around 2:00 p.m. in the afternoon at the intersection of Preston Highway and John Harper Highway in Northern Bullitt County. Mr. Hardesty was driving a Ford F-150 truck and struck by a Chrysler 300, driven by a 17 year old. This car wreck is considered a cross over accident.

Mr. Hardesty died at University Hospital from his injuries. While the police are trying to figure out why this accident happened, including examining for the use of drugs or alcohol, there are many factors that the police do not consider in looking for reasons why these types of accidents occur.

In this instance, as with other cases involving car accident deaths, the Ackerson Law Offices usually files a lawsuit immediately in order to force the other driver to disclose what electronic, cell phones, and other devices the driver had in the car or was using at or around the time of the accident. The lawsuit gives the attorneys the opportunity to subpoena cell phone records and other electronic device records before the cell phone companies allow the records to be destroyed or get lost. This is very important, because many cell phone carriers purposely destroy records after a short period of time to avoid the constant potential of have such records subpoenaed. Time is often of the essence in subpoenaing cell phone records. Delays often hinder the ability of the injured or estates of the dead to obtain such records.
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Christy Dick of Somerset, Kentucky was killed and two others were injured in a head-on motor vehicle collision on Tuesday. The fatal car crash happened in Madison County, Kentucky on Ky 1016. Ms. Dick was a passenger in a Chevy Blazer driven by Elvis Isaacs, of Richmond, Kentucky. Mr. Isaacs’ vehicle was traveling southbound on Ky 1016 when he was forced to swerve his vehicle to avoid a collision with another vehicle that pulled out onto the highway from West Barker Lane. Mr. Isaac’s Blazer then collided head-on with a Mack Truck, being driven by James Seals, also of Richmond, Kentucky. Mr. Seals and Mr. Isaacs were both injured, but Ms. Dick was airlifted to UK Medical Center, where she later died. This car accident is a tragedy for many families, and will raise all sorts of questions of what happened, could the accident have been avoided, and who is to blame for this tragedy.

This is not a clear case of 100% liability on anyone’s fault and fault in this accident will likely be shared between Mr. Isaacs and the unknown driver that pulled out in front of his Blazer from West Baker Lane. There may even be attempts to place some fault on Mr. Seals. Clearly Ms. Dick’s family and her Estate will not be at fault and will be entitled to a full recovery for this wrongful death claim. Mr. Seals and Mr. Isaac will also be entitled to recovery for their damages and injuries. The major legal problem with this case will be apportionment of fault. The various parties’ insurance companies will point fingers at everyone else and attempt to have as much fault shared by others as possible.
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A fatal motor vehicle accident has occurred in the 14000 block of Taylorsville Road near the Gene Snyder Freeway and J Town. The names of the victims has not yet been released, but have been identified as a man in his early 20s and a woman in her late 30s. The woman was driving a tan Jeep Grand Cherokee and the man was driving a red Acura. The accident is still under investigation. The police arrived at the scene around 11:43 p.m. Sunday. Police are speculating that one of the vehicles crossed the center line into the other lane of on coming traffic and caused the Louisville car crash. Both vehicles came to rest on opposite sides of the road. Alcohol and car speed has not yet been ruled out as a factor. Anyone with information about this auto mobile collision is asked to call the Louisville Metro Police at 574-LMPD (574-5673).

The families of these victims may need to have their own independent accident re-constructionist examine the scene of this crash to further determine who is at-fault. The at-fault driver’s Estate and insurance company will be liable to the non-at-fault driver’s Estate and family for damages and injuries stemming from this crash, which would include wrongful death damages.
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Robert Destefano, age 56 of Lexington, Kentucky, was tragically killed while riding his motorcycle. This fatal motorcycle crash occurred in Clark County, Kentucky on U.S. 60 between Winchester and Lexington, after a car failed to yield the right-a-way. The car that struck Mr. Destefano’s motorcycle was attempting to turn left across traffic into the Sky-Vue drive-in theater when it crossed the path of and collided with the motorcycle. The Destefano family and his Estate will be able to make a wrongful death claim from this accident, and seek to recovery damages from the accident and loss of life.
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