Hayes Law Offices
Middlesboro, Kentucky

Southeastern Kentucky Personal Injury Blog

Manufacturer's liability in food poisoning scare

The food supply in the United States is typically safe and the Food and Drug Administration normally does a good job of alerting the public to potential problems. The most recent alert is widespread and of a different nature than other warnings in Kentucky and elsewhere have been. Salmonella is a bacteria that one typically associates with raw meat, particularly poultry. Precautions are urged that suggest keeping surfaces and hands clean when handling uncooked foods. This latest scare leaves Pillsbury subject to a possible manufacturer's liability claim.

Five-pound packages of Pillsbury flour are being recalled due to a fear that they have become contaminated with salmonella. The suspected product was distributed nationwide to stores, including Publix, Winn-Dixie and Meijer.  The recall impacts 12,000 cases of flour or over 100,000 five-pound packages. The affected product bears the name Pillsbury Unbleached All Purpose Flour with expiration dates of April 19 or 20, 2020. The lot numbers are 8292 or 8293.

Faulty sport shoe could result in manufacturer's liability

College basketball is a big deal in Kentucky and around the country. As March Madness approaches, a recent incident on the court could turn into a case of manufacturer's liability. A prominent college player suffered an injury when he experienced an equipment malfunction.

One of the most important pieces of equipment for a basketball player is his shoes. They enable the athlete to make quick stops, starts and turns that are vital to playing the game. In a recent game between two very highly ranked and competitive teams, a top player suffered a sprained knee when his shoe fell apart while he was playing.

High speed police chase can end in civil liability

High speed chase scenes may be exciting to watch on a movie screen, but in real life, they can be incredibly dangerous and life threatening. Many communities in Kentucky have rules that govern when a high speed pursuit is permitted and under what conditions the pursuit may continue. These rules may have been violated in a recent pursuit in Louisville and may have exposed the department to civil liability.

A 13-year-old who had become a spokesman against gun violence after surviving being hit by a stray bullet died in a crash that may have resulted from a high speed police chase. He had gone skating with friends the night of the crash. There were five people in the SUV that was reported stolen and was the target of the police chase. It is not known how the 13-year-old came to be in the SUV. The family of the boy who died has filed a wrongful death suit against the department.

Monetary damages awarded to Senator Rand Paul in assault trial

People are generally taught that physical violence does not resolve disputes. However, in today's society that appears to sometimes encourage a 'might makes right' mentality, physical altercations are being used more often to settle disputes over various issues. A recent example of this resulted in a civil trial between Senator Rand Paul of Kentucky and a neighbor accused of assaulting him.

Senator Paul's neighbor was raking leaves on his own property and piled them on the property line to dispose of them. He disposed of them by burning them. The following day, the senator was raking his own leaves and was confronted by the neighbor. After confronting Paul, the neighbor allegedly attacked him and fought with him. The senator suffered rib fractures and later a hernia that was said to have been caused by the attack.

Negligent driving may be responsible for family's death

Holidays are a time for family gatherings and family vacations. Some people take to the air for getaways and others will pack up the family car and take to the highways. A family from another state was traveling through Kentucky in early January on their way home from a family vacation. The reported negligent driving of another individual brought their trip to a sudden and tragic end.

The family of five was on their way home from a trip to Florida on 1-75 near Lexington early one morning. They were hit head-on by a pickup truck that was traveling the wrong way.  The impact from the collision caused the SUV that the family was traveling in to burst into flames. Previous reports called into 911 reported that there was a vehicle driving the wrong way on the northbound side of 1-75.

Distracted driving can cause tragedy in the blink of an eye

Truck traffic is a fact of life and automobile drivers must co-exist on Kentucky roadways with truck drivers. With the hustle and bustle of the holiday season everyone, including truck drivers, is typically harried and distracted. Distracted driving may have contributed to a tragic crash involving a car and a tractor-trailer on Christmas Eve in Louisa.

The accident occurred on US-23 on the afternoon of Dec. 24. The occupants of the car were two women and a 12-year-old girl. The car slowed to make a left hand turn and was hit from behind by the semitrailer. All three occupants of the car were pronounced dead at the scene.

Drinking and driving can cause a tragic traffic accident

Drinking and driving don't mix. Variations of this statement are heard over and over in Kentucky and across the country, particularly during the holiday season. Tragically, many people still fail to heed the warning and a tragic traffic accident can result. One such tragedy unfolded in Louisville on Christmas Eve.

A young female police officer was in the process of handling a traffic stop on Interstate 64. She had pulled over a car and was still seated in her cruiser when a truck crashed into her. The impact of the crash caused the police car to become engulfed in flames. The officer was trapped in her vehicle and was unable to escape to safety. She was pronounced dead at the scene.

Holidays can lead to distracted driving

The holiday season is in full swing in Kentucky. People who are normally in a hurry to get from point A to point B may now be in an even bigger hurry. The hustle and bustle of the holiday season can result in distracted driving, which can, in turn, can cause tragic accidents. Such was the case recently in Pike County.

Two people are dead in what appears to have been a head-on collision. The accident happened at about 2:00 in the afternoon at Brushy Fork in Beefhide. One man, a 54-year-old from Premium, was pronounced dead at the scene. Another person, a 27-year-old male, was airlifted to a nearby hospital where he later died as a result of his injuries. The cause of the accident is still under investigation.

G159 tire danger and defective product

Once in a great while a product is deemed so dangerous that it achieves almost legendary status. Examples are the Ford Pinto that frequently burst into flame when hit from behind and the Chevrolet Corvair that gave rise to the term 'unsafe at any speed.' The Goodyear G159 tire may be another such defective product. In a recent court case the tire company was ordered to pay $2.7 million in sanctions for willfully failing to disclose damaging evidence to plaintiff's counsel and thus directly sabotaging plaintiff's right to a fair trial. The case could have implications for people in Kentucky and in other parts of the country.

The G159 tire was developed for use on delivery trucks in stop-and-go city traffic. Goodyear also deemed the tire a good product for motor homes. It made this decision despite the results of its own testing that showed the tire could overheat at highway speeds and lose tread.

Accident caused by high speed police chase

On a recent evening in the small town of Flaherty a group of teenage friends decided to head out for ice cream. It would turn out to be the last thing that they all did together. Two of the teens were killed in a crash resulting from a high speed police chase. The Kentucky sheriff involved in the accident is being charged with two counts of murder.

A Meade County sheriff radioed that he was in pursuit of a pickup truck he had approached because he believed the driver was up to something. The truck sped away as the officer approached resulting in the high speed chase that exceeded speeds of 100 mph. According to department policy, high speed chases are justified "for a violent felony offense, or use of force likely to cause death or serious physical injury, or threatened use of such force." Dispatch records of this incident only mention that the officer was in pursuit because the driver failed to stop or was involved in a suspicious activity. Neither of these are reasons cited for conducting a high speed chase.