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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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In Kentucky, when personal injury cases involve minor children, under the age of 18, the lawsuits are required to be brought in the name of an adult. Usually these types of claims are brought in the name of a parent of the child, specifying that the case is as guardian and next of friend of the minor child, who is named by initials only. This is standard for claims involving any type of personal injury claim, from auto accidents to dog bites.

Once the claim been settled through negotiations it will require Court approval to final the settlement. If the settlements are over $10,000.00, they will require a conservator be appointed fro the funds and yearly accountings will have to be filed with the courts. If the settlements are under $10,000.00 KRS 387.280 will govern what approval will be needed. Minor child settlements under $10,000.00 require the court to take evidence that the child is under 18 years of age, in the custody of his or her parents, and that the parent agrees to serve as trustee of the funds, using them only for the health, maintenance, and education of the child. Once such evidence is before the Court, a motion can be made to allow the settlement to be finalized.
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A three car accident on the South Danville bypass injures two people. The accident happened shortly after noon on Saturday. It is reported that Reuben Harness, age 40, of Danville, Kentucky, was attempting to turn onto the bypass when Jeremy Shryock, age 34, of Midway, Kentucky, who was traveling eastbound on the bypass, failed to stop at a red light at the intersection with Brent Avenue. Shyrock’s vehicle, a Ford Expedition, struck a Chevy Monte Carlo, driven by Catherine Gooch, age 30, of Danville, Kentucky, and then continued on to collide with Harness’ vehicle. No one in Shryock’s vehicle or Gooch’s vehicle were injured. Harness and his passenger were transported to Ephraim McDowell Regional Medical Center with injuries.

This appears to be a clear case of fault on the part of Shryock. Harness and his passenger will likely be able to seek a monetary recovery form Shryock and his insurance company for their medical bills, any lost wages they may have as a result of the accident, and be compensated for their pain & suffering Continue reading →

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A man in Louisville, Kentucky was charged Wednesday with first-degree wanton endangerment related to an incident involving a young girl being shot when his small caliber firearm accidently discharged. These charges stem even though the police have officially ruled the shooting an accident. The young girl, whose identity is protected because she is a minor, was shot in the cheek and ear. She is expected to survive.

Instance like this prove that guns are not to be taken lightly and are not to be toyed with. Gun ownership is a privilege and responsibility which should not be taken lightly. Because of the risks involved when safety and proper handling procedures are ignored, even accidental shootings are to be prosecuted. In this case, we have a young girl who will be traumatized by the shooting. She has incurred medical bills and pain & suffering. She will likely have physical scars on her face for the rest of her life, and may even need counseling related to the incident. Because the severity of consequences of shootings, even accidental shooting, the law comes down hard on negligent gun owners and hold them both criminally and civilly responsible.

In cases where innocent people become the victims of gun shots, even accidental gun discharges, such individuals have a right to not only have the gun owner criminally charged, but also have the right to seek civil recourse for their injuries and damages. This means that they, or in the case of children being shot their parents, can sue the gun owner and/or the person responsible for the guns discharge for the medical bills, lost wages, pain & suffering, and other related damages from being shot.
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Over 20 Children were injured this week when an accident occurred between a car and the school bus on U.S. 421, near the Rockhouse Community, in Leslie County, Kentucky. The school bus was knocked on its side as a result of the crash. Initial reports specify there were 28 children on the bus, all of whom were taken to the hospital. The school bus was headed east on U.S. 421 when the accident occurred with a vehicle traveling westbound on U.S. 421. While police have not yet specified charges, they have reported that charges are pending against Roger Sizemore, the driver of the vehicle which caused the bus to crash. From the initial reports, the driver of the car is at fault and will be liable for the injuries to the children.

An accident of this magnitude, involving so many children, can rock the foundation of a small community. As information is released, this report will be updated.
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Two cars collided in Boyle County, Kentucky. Initial Police reports and investigations have determined that wreck involved a car driven by a 33 year old man from Lexington and another car driven by a 28 year old woman of Boyle County. The woman also had her two minor children in the car with her. All four people were taken from the scene of the accident to Ephraim McDowell Regional Medical Center and then transported to UK Medical Center. The injuries include broken bones, internal injuries, and a possible collapse lung.

It has been reported that the wreck occurred in a curve on Lebanon Road outside Danville, Kentucky and was partially a head-on collision. Initial reports indicate that the 33 year old male from Lexington may have attempted to pass another vehicle and not gotten back fully into his lane when the wreck occurred in the bend in the road. Rainy weather may also be a contributing factor. An accident re-constructionist should be hired to examine the scene immediately to preserve evidence for latter as this case progresses to determine liability and seek recovery of damages.

Drivers need to take extra precautions on wet country roads. As seen in this case, driving too fast and attempting to pass other drivers can cause serious accident. From the photos of the scene, it appears that the is a double solid line at the point of impact, which would mean that if the male driver were passing another vehicle and failed to be fully in his lane, then he is at fault in this accident. However, due to the nature of the turn and the male driver and his insurance company may try to dispute liability or claim some fault on the part of the female driver. This fault comparison is when the matter will become legally complicated. Passenger injuries make it even more so.
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A Shelbyville Police Officer wins lawsuit against the Oldham County Police Department, and is awarded $600,000.00 in damages. The lawsuit alleged discrimination in hiring based upon military service. Discrimination and retaliation in Kentucky’s workplace is illegal.
In this case, a Shelbyville Police Officer, who was also an enlisted member of the Kentucky National Guard, applied for a police officer position with the Oldham County Police Department. The Oldham County, Kentucky position paid more than the Shelbyville position. The Officer passed ever test and was told in July 2008 that he would be getting the new position. A start date was assigned to him and a salary specified. Then after the Oldham County Police Department learned that the Shelbyville Officer was also enlisted in the Kentucky National Guard and might be called up for duty, it withdrew its offer and gave the position to another person.

Discrimination based upon military service is a violation of both federal and Kentucky law. Businesses and employers who violate and discriminate against an employee or prospective employee can be sued for damages including punitive damages, if the jury finds the conduct was willful. Kentucky employees who believe that they have been discriminated or retaliated against should seek legal counsel to know their rights.
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Too often in Kentucky pedestrians are hit by motor vehicles while walking. These accidents occur at crosswalks, along the sides of roadways, and in parking lots. Many times the pedestrians are hit due to the carelessness of and inattentions of drivers. When a pedestrian is hit, these types of accidents usually result in serious or deadly consequences and injuries. This is due to the speed and blunt force size of a motor vehicle striking a person’s body, often times propelling the pedestrian through the air and into other objects or other vehicles pathways.

When a pedestrian is struck by a motor vehicle, they have multiple possible avenues of financial recovery for lost wages, medical bills, and pain & suffering compensation. First and foremost the pedestrian can make a claim for auto insurance coverage (bodily injury claim) from the driver’s insurance. If the driver does not have enough insurance or does not any insurance, the pedestrian can turn to their own automobile insurance coverage under underinsured motorist coverage or uninsured motorist coverage. Additionally, if the injured pedestrian lives with other persons, who also have automobile insurance coverage, additional compensation may be available under certain circumstances.

Usually, when dealing with pedestrian accidents, apportionment of fault becomes an issue. This occurs when the driver of the vehicle claims that the accident is the fault of the pedestrian due to where the pedestrian was walking or other circumstances within the control of the pedestrian. Kentucky is a comparative fault law state. This means that fault, even if 99% lies with one party, that party can still seek recovery from the other party for their 1% fault. The role of your attorney is to establish what percentage of fault each party bears, and then using such percentages, in relation to the total damages incurred, to seek a recovery based upon the relative percentages.
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Kentucky Revised Statutes 259.210 provides that livestock are not permitted to “roam at-large” and the owner is liable for any damages that may result. Owners of livestock, horses and cattle, are responsible to take reasonable and prudent measures to assure that these animals do not roam freely and cause accidents or injury to others. That responsibility includes fencing the animals in and taking other precautions so the livestock do not cause problems for others in the surrounding area. When those responsibilities are ignored or neglected tragedies such as this can result, including serious and fatal auto accidents.

The landowner’s insurance companies should be responsible for medical bills and other harms and losses that are incurred when animals roam freely and cause injury. These types of incidents along country roads cause major motor vehicle crashes. Additionally, more aggressive animals that get loose and roam can attack adults or children.
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Kentucky inspectors recently released their findings from its third quarter inspections from last year. Out of the 109 nursing homes in Kentucky, 18 percent of the nursing homes were found to have 10 or more deficiencies. Deficiencies are a warning sign that neglect may be an issue for some nursing homes. The theory being if they are severely deficient in multiple areas, could neglect be taking place?

The 20 nursing homes found to have 10 or more deficiencies are:

Facility’s Name & Location (alphabetically) & # of Deficiencies
• Jackson Manor, Annville (10 deficiencies)
• Rockcastle Health & Rehabilitation Center, Brodhead (15 deficiencies)
• Green Valley Health & Rehabilitation Center, Carrollton (14 deficiencies)
• Corbin Nursing Home, Corbin (11 deficiencies)
• Woodcrest Manor Care Center, Elsmere (10 deficiencies)
• Florence Park Care Center, Florence (13 deficiencies)
• Glasgow Health & Rehabilitation Center, Glasgow (12 deficiencies)
• Breckinridge Memorial Nursing Facility, Hardinsburg (11 deficiencies)
• Hazard Nursing Home, Hazard (10 deficiencies)
• Hart County Health Care Center, Horse Cave (11 deficiencies)
• Bluegrass Care and Rehabilitation Center, Lexington (20 deficiencies)
• Lexington Country Place, Lexington (16 deficiencies)
• Northpoint/Lexington Healthcare Center, Lexington (10 deficiencies)
• Hurstbourne Care Centre at Stony Brook, Louisville (10 deficiencies)
• Christopher East Health Care Center, Louisville (10 deficiencies)
• Parkview Nursing and Rehabilitation Center, Pikeville (20 deficiencies)
• Pineville Community Hospital, Pineville (17 deficiencies)
• Salyersville Health Care Center, Salyersville (10 deficiencies)
• Sunrise Manor Nursing and Rehabilitation Center, Somerset (20 deficiencies)
• Gallatin Health Care, Warsaw (11 deficiencies)

Nursing home neglect and abuse can have serious and even deadly costs. Usually the persons who are residents and victims are not in a position to protect themselves, and the abuse or neglect can continue over long periods of time. If someone is suspected of being neglected or abused, at a nursing home1303348_krankenhaus.jpg, the immediate thing to do is to report the suspicions to the authorities, the nursing home, and seek legal advice from your attorney.
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Louisville, KY 40202
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