Attorney Blog

Paducah Kentucky Motorcycle Wreck Attorney: US 60 Collsion Fatally Injures William T. Coplen

daryl@daryltdixonlaw.com (Blog Author)35555 — Wed, 21 Jul 2010 08:00:00 EST

William T. Coplen of Ballard County was fatally injured yesterday when a Car driven by Nellie Devine pulled out in front of him at the intersection of U.S. 60 and Olivet Church Road in Paducah Kentucky.

Coplen was a retired Ballard County Sheriff's Deputy. The investigation is ongoing.

Kentucky Wrongful Death Attorney: 2 killed and 1 injured in ATV crash in eastern Kentucky

daryl@daryltdixonlaw.com (Blog Author)33897 — Tue, 22 Jun 2010 08:00:00 EST

Two people were killed and one is still in critical condition in a Kentucky hospital after an ATV crash in eastern Kentucky. The Kentucky State Police post in Hazard County has released a press release stating that the crash occurred late Monday on Highway 28 in the Morris Fork community of Breathitt County.

Killed in the accident were the driver of the ATV, Randell Turner of Boonesville, and the passenger, Samuel Riley of Buckhorn. The impact of the crash killed Riley, however Turner died later in the hospital after touching the downed power lines.

Kelley Stamper was also injured by the downed powerlines and is listed as critical at Kentucky River Medical Center in Jackson.

Indiana man dies in Kentucky Semi Truck wreck

daryl@daryltdixonlaw.com (Blog Author)33825 — Mon, 21 Jun 2010 08:00:00 EST

A semi-truck crash in Hopkins County turned fatal sunday after noon. The accident occurred near the 37 mile marker on the Pennyrile Parkway.

Tammy Warren pulled her Pickup truck over sunday afternoon to check a map when suddenly, for unexplained reasons, a semi-truck driven by Byron Nuss Jr. of Warren, Indiana swerved off the road into the emergency lane striking Warren.

Both vehicles traveled down the embankment where the tractor trailor flipped trapping Nuss. Emergency workers struggled for an hour to get Nuss out of the vehicle and then took him to the hospital where he later died.

Kentucky Wrongful Death Attorney: Newburg man dies in crash

daryl@daryltdixonlaw.com (Blog Author)33738 — Fri, 18 Jun 2010 08:00:00 EST

A man lost control of his vehicle and crashed killing him. The accident happened early Thursday evening in Newburg where a man lost control of his pickup truck and flipped it into a ditch.

The man had been arguing with his girlfriend when she got into her car and left. He then pursued her in his toyota pickup until the were on a residential street where he attempted to pass her. He then lost control of his truck and crashed into a station wagon and flipped the vehicle.

The accident happened just before 6 P.M. on Thursday and the man involved is yet to be identified. A neighbor tried to rescue the man from the vehicle but was unable to do so. The man was pronounced dead at the scene.

Kentucky Wrongful Death Attorney: Fairdale man dies in motocycle crash

daryl@daryltdixonlaw.com (Blog Author)33660 — Thu, 17 Jun 2010 08:00:00 EST

A 26 year old man from fairdale was killed Wednesday Morning in a Fairdale subdivision after losing control of his motorcycle while driving around a curve. Scotty Hoosaflook crashed into a ford F-250 and was thrown from his motorcycle.

Hoosaflook died at the scene of the accident around 4:15 in the morning just a few blocks from his home. Witnesses reported the motorcycle was traveling very fast west bound on Glengarry Dr. when Hoosaflook lost control while traveling around a curve at about the 400 block of Glengarry Dr. when the motorcycle struck a Ford truck and ejected Hoosaflook.

A spokeswoman for the Louisville Metro Police said that a helmet was found at the scene of the accident but it is unclear whether Hoosaflook had been wearing it or not.

Paducah Wrongful Death Attorney: SUV Rollover Crash Fatally Injures Two in McCracken County Kentucky

daryl@daryltdixonlaw.com (Blog Author)33579 — Wed, 16 Jun 2010 08:00:00 EST

An SUV carrying three passengers rolled over Tuesday Night in McCracken County Kentucky off of Said Road. Two of those were fatally injured while two others were transposrted to Western Baptist Hospital.

Sheriff Jon Hayden said that alcohol played a factor in the Paducah Kentucky Car Wreck. The Driver of the SUV, Teresa Arnett, of Symsonia, lost control of the car causing it to roll several times. The Paducah Kentucky Accident took the life of Tyrone Cope. Two other passengers, Tyleen Leab and Kevin Ammons were both taken to Western Baptist Hospital.

Sheriff Hayden said toxicology results were pending.

Kentucky Jury Rejects Insanity Defense, Reccommends Life Sentances

daryl@daryltdixonlaw.com (Blog Author)33494 — Tue, 15 Jun 2010 08:00:00 EST

A Kentucky man named Sean Noakes, age 41, was rejected in his attempt to utilize an insanity defense yesterday, and was found guilty of Murder and Attempted Murder in connection with the attack of a mother and daughter in Boone Co.

A Kentucky Jury in Boone Circuit Court deliberated an hour and a half on Friday before returning the verdict of guilty. The jury recommended two consecutive life sentances for Noakes.

He was accused of stabbing Barbara Rogers and her 51-year-old daughter Sharon Gette in their Florence home in July 2008. Gette died from six stab wounds.

Psychiatrists and psychologists testified during the trial about his long history of mental illness and drug abuse.

Paducah Kentucky Car Wreck Attorney: Car Wreck with Injuries on Higway 60 Near Paducah Kentucky on Monday

daryl@daryltdixonlaw.com (Blog Author)33450 — Mon, 14 Jun 2010 08:00:00 EST

Mary Whitis was taken by ambulance to Lourdes Hospital on Monday after a three car wreck on US Hwy 60 near Paducah Kentucky. She complained of back and neck pain.

The first car, driven by an Arizona man, clipped a second car before contacting the car Whitis was in that was driven by her husband, Thomas Whitis, also of Barlow Kentucky.

Semi Truck Wreck Injures Georgia Youth Group in Whitely County Kentucky

daryl@daryltdixonlaw.com (Blog Author)33281 — Fri, 11 Jun 2010 08:00:00 EST

A youth Group from Gainesville, Georgia was involved in a van/Semi- Truck accident on Highway 92 in Whitley County, Kentucky. According to local sources, the youth group was in town helping out at an elementary school. The youth group had been on the Kentucky mission trip since Saturday, June 5, and they were due home on Sunday the 13. The group was on their way back from the school when the crash happened.

The church van carrying thirteen youths crashed in to a semi truck carrying coal Wednesday June 9, in the afternoon, reportedly injuring some of those on board the bus. The massive crash left the bus with heavy damage, and it backed up traffic along Highway 92 for hours. Three teenagers and two adults were injured in the crash. Two of the teenagers, 16-year-old Holly Hawkins and 16-year-old Derrick Worley were taken to Jellico Communtiy Hospital where they were treated and released.

The two accompanying adults, Minister Terry Taphouse and his wife, Lois, were taken to a hospital at the University of Kentucky, where the remained Wednesday night. Both are expected to be fine though they were listed in serious condition.

The families as well as several members of the church's congregation are reportedly on their way to Kentucky to be with those who are injured.

Paducah Kentucky Car Wreck Attorney: Two Car Crash on Interstate 24 Near Paducah Kentucky

daryl@daryltdixonlaw.com (Blog Author)25957 — Sun, 31 Jan 2010 08:00:00 EST

A Two Car Accident in Paducah Kentucky sent three people to the Hospital on Sunday Morning. The Ice was the main factor in this Paducah Kentucky Accident. Fortunately the Injuries were minor.

Kentucky Truck Accident Attorney: Kentucky Truck Crash Fatally Injures Two Men

daryl@daryltdixonlaw.com (Blog Author)25952 — Sun, 31 Jan 2010 08:00:00 EST

A late night Truck Crash killed two men in Paducah on Thursday January 28, 2010. The men, Marcus Anthony McCleese and John Joeseph Carlton McCleese died around 10 p.m. after their 2007 Dodge went out of control on Husbands Road. The two men were from Carter County and were in town working.

McCracken County Sheriff Jon Hayden said the Utility Truck was traveling at a high rate of speed. The Kentucky Accident remains under investigation.

Kentucky Car Wreck Wrongful Death Claims One Life in Northern Kentucky

daryl@daryltdixonlaw.com (Blog Author)12749 — Tue, 26 May 2009 08:00:00 EST

Lonna D. Kehrer, of Sanders Kentucky was killed when a car she was driving was hit by another driver over the Memorial Day Weekend.

The Crash took place on Kentucky Highway 42. Three others were injured including to children who were taken to Cinncinatti's Childrens Hospital.

The driver of the other vehicle involved, Brian Ritchey II of Bluff City, Tennessee had minor injuries.

State of Kentucky Needs Something Similar to Illinois "Shibs Law"

daryl@daryltdixonlaw.com (Blog Author)3982 — Fri, 15 Aug 2008 08:00:00 EST

Illinois and their Governor Rob Blagojevich just signed a new law affording additional protection to Emergency Responders while in the line of Duty. The so called "Shibs Law" was names after a firefighter who was killed last July while responing to a call of a burning Semi Truck. While trying to put out the fire he was struck by a Greyhound Bus and killed.

The new law allows firefighters and other such Emergency personel to close down a highway or interstate while responding to similar type calls. Please read the article that I wrote dealing with this matter. Leave me a comment and let me know if Kentucky could use a similar type law OR do we have to wait until tragedy strikes as was the case in Illinois.

Read Kentucky.....Lets not Wait to Enact our Own Shibs Law.

Kentucky Motorcycle Accident Takes the Life of Dr. Jack Diles

daryl@daryltdixonlaw.com (Blog Author)2815 — Tue, 27 May 2008 08:00:00 EST

Dr. Jack Diles of Symsonia Kentucky was killed over the weekend in a Kentucky Motorcycle Accident. Dr. Diles had been practicing Internal Medicine in Western Kentucky for the last four decades.

Dr. Diles used to be a neighbor of mine when I was growing up. He was a nice man and an established Doctor. His accidental death should be a warning sign to all of those that ride Motorcycles in Kentucky.

In this case it appears that the other driver was at fault. That means that it is possible to ride a motorcycle, obey all traffic signals and laws and still be hurt. There is so much less protection for the driver of a motorcycle than one that is in a motor vehicle.

I want to extend my deepest sympathies to the Family of Dr. Jack Diles. God Bless you in this most difficult time.

I know Dr. Diles will be missed by many patients, friends and family.

Bath County Kentucky Semi Truck Accident Fatally Injures Kenneth McKenzie

daryl@daryltdixonlaw.com (Blog Author)2697 — Wed, 14 May 2008 08:00:00 EST

A horrible multiple vehicle accident ended in Tragedy early Tuesday Morning. As the Police in Bath County Kentucky were clearing the scene of an earlier accident a Semi Tractor Trailer Truck rear ended a passenger car killing one and injuring another.

I wrote a blog post at my Western-Kentucky Injuryboard Site Earlier Today. The Accident took the life of Kenneth McKenzie of Bath County. It was foggy as the accident happened near 4:00 in the morning.

Authorities are continuing to investigate the crash. It is likely that the family of McKenzie will have a claim for Kentucky Wrongful Death agains the Trucking Company and their driver.

Buying Kentucky Car Insurance Ebook Series is Released

daryl@daryltdixonlaw.com (Blog Author)2628 — Thu, 08 May 2008 08:00:00 EST

I am so excited to announce that I have just released Part One in an Ebook Series on Buying Car Insurance in Kentucky. We have worked long and hard on this series and want to get it out to the public ASAP.

You can click on Kentucky's Ultimate Guide to Buying Car Insurance and read Part One of the series.

Part One deals with reading your policy and answering the questions: What Coverages are REQUIRED IN KENTUCKY. So read on and post your comments.

Watch a Great Video on Tractor Trailer Accidents

daryl@daryltdixonlaw.com (Blog Author)2565 — Fri, 02 May 2008 08:00:00 EST

Click on this link to watch a great Video on Tractor Trailer Accidents. The video is by Attorney Steve Lombardi of Des Moines Iowa and is a great overview of Tractor Trailer Accidents. Steve is very well spoken and very experienced in this area. The video is on the right side of the screen. Click on play.

If you know of someone who has been injured in a Kentucky Tractor Trailer Accident, please have them watch the video and call us at DarylTDixonLaw.com for more information.

There are many things they need to know concerning Federal Motor Carrier Safety Regulations (FMCSR). They need to speak with an experienced Attorney who deals with these regulations on a regular basis.

It is Now a Felony for a Suspect to Leave the Scene in a Kentcky Hit and Run Injury Accident

daryl@daryltdixonlaw.com (Blog Author)2523 — Tue, 29 Apr 2008 08:00:00 EST

I just recently wrote an Article detailing Kentucky's New Law on Hit and Run Injury Accidents. Until today it was only a Misdemeanor for a Suspect in a Hit and Run Accident to flee the scene. Kentucky Governor Steve Beshear signed a new bill into law that now makes this conduct a Class D Felony.

Kentucky was one of only three states that still charged this conduct as a Misdemenor. Kentucky State Representative Tommy Thompson sponsored the bill after a 2006 Hit and Run Accident in Owensboro took the life of a 14 year old boy.

Lexington and the University of Kentucky was rocked several weeks ago when a Hit and Run Accident took the life of UK Freshman Connie Blount of Park City Utah. Since then Shannon Houser of Lexington has been charged with a Misdemeanor Hit and Run Charge.

This new law will take effect in July 2008.

Police Have Made an Arrest in Kentucky Hit and Run Accident Case

daryl@daryltdixonlaw.com (Blog Author)2484 — Fri, 25 Apr 2008 08:00:00 EST

Lexington Police have made an arrest in a Kentucky Hit and Run Case that has captured attention nationally. Police have arrested Shannon Houser of Lexington Kentucky and charged him with Misdemeanor Leaving the Scene of An Accident and Felony Charge of Tampering with Evidence.

Read the Complete Story Here.

Kentucky Wrongful Death Fetal Law Will be Tested In Lyon County

daryl@daryltdixonlaw.com (Blog Author)2470 — Thu, 24 Apr 2008 08:00:00 EST

Commonwealth Attorney for Lyon County, G.L. Ovey, says that this is a first for him. A case where a man is being tried for the death of his girlfriend's unborn baby after a 2006 Kentucky Car Wreck. Donald Prizybylo was indictied earlier this month by a Lyon County Grand Jury and is charged under the 2004 Kentucky Fetal Homicide Law. He is also charged with four counts of assault stemming from the Head On Collision that he caused.

Prizybylo's driving caused the death of his Stacy Nelson's unborn baby to be killed and four others to be injured. The wreck occurred in 2006 on the trace highway at Land Between the Lakes.

The law has been enforced before but most of those cases were in Central Kentucky, according to the report. This will be the first time it has been put to the test in a Western Kentucky Court Room. Ovey stated that the fact that there were no drugs or alcohol inolved makes this case unique.

Prizybylo is scheduled to make his first Court Appearance on May 5, 2008. He remains in the Caldwell County Jail on a $100,000.00 bond. A Civil Suit for Kentucky Wrongful Death is also likely.

Graves County Kentucky Car and Semi Truck Accident Leave Brian Williams Fighting for Life

daryl@daryltdixonlaw.com (Blog Author)2466 — Wed, 23 Apr 2008 08:00:00 EST

A Kentucky Car and Semi Truck Wreck this morning in Graves County Kentucky have 34 year old Brian Williams fighting for his life tonight at a Nashville Hospital. Williams was struck in the side as he turned into his driveway on Kentucky Highway 121 near the Graves County and Carlisle County Line.

This story has been developing all day since this mornings crash. Williams was flown to a Nashville Hospital where he is in Serious Condition with severe head injuries. He was not wearing his seatbelt at the time of the crash.

I have updated this story throughout the day. You can click on the links below to see earlier updates on this Car and Semi Truck Wreck.

Update Number 1.

Update Number 2.

Update Number 3.

We will give further updates as we get them.

Kentucky Wrongful Death Claim is Likely in the Case of Linda Stem

daryl@daryltdixonlaw.com (Blog Author)2457 — Tue, 22 Apr 2008 08:00:00 EST

Linda Stem, 82, of Mayfield Kentucky was killed in a collision between a Church Van and a Suburban on Sunday Evening. This Kentucky Wrongful Death Wreck happened as Stem was on her way to church.

Stem was traveling in a Seven Oaks Church of Christ Van/Mini bus when the Suburban ran a red light and struck the van.

The driver of the Suburban was cited for disregarding a traffic control signal but it is unclear if their will be additional charges brought by the Graves County Attorney.

It is fairly clear that the Stem's family will have a Kentucky Wrongful Death Claim.

Kentucky Hit and Run Suspects Do Not Face Felony Charges in Cases of Wrongful Death

daryl@daryltdixonlaw.com (Blog Author)2390 — Tue, 15 Apr 2008 08:00:00 EST

One Kentucky Law is going to face increased scrutiny in the latest case of a Kentucky Hit and Run Wrongful Death. Connie Blount was hit while crossing a downtown Lexington Street early Sunday Morning with a friend. Police say that she was walking with the light when she was struck and killed by a Cheverolet Extendacab. The driver of the Truck has not yet been identified or come forward. Reports say that the driver of the Truck nearly misssed striking Blount's friend.

Under Kentucky Law, this culpable driver, will not face a Felony Prosecution for leaving the scene of a Fatal Accident. Something needs to be done. Lawmakers in Frankfort as well as all Kentuckians will be outraged as soon as this is made public.

A Memorial Service was held yesterday at the University of Kentucky in Lexington on behalf of Connie Blount. Her Dad was on hand to thank all of those present and to increase awareness of this tragic event. He also assisted Police in their search for the suspect who is still at-large.

At DarylTDixonLaw.com, we will continue to blog about this story until the suspect is caught and we will follow up on any reaction by lawmakers and concerned Kentuckians.

Again, if anyone reading this blog has any additional information about the accident or the at-large driver, they are urged to call Lexington-Fayette Count Police or the Unviersity of Kentucky Police Department.

Police Still Searching for University of Kentucky Hit and Run Wrongful Death Suspect

daryl@daryltdixonlaw.com (Blog Author)2377 — Mon, 14 Apr 2008 08:00:00 EST

Police are still searching for a suspect in Hit and Run Wrongful Death Car Wreck in Lexington Kentucky. The Kentucky Car Wreck took the life of a University of Kentucky Student Connie Blount. She was from Park City, Utah.

The Kentucky Hit and Run Car Accident happened in Lexington at an intersection near Rupp Arena in the downtown Lexington Area.

Anyone with any knowledge of the Car Wreck is urged to call local police.

Phillip Smith Dies in Kentucky Car Wreck

daryl@daryltdixonlaw.com (Blog Author)2262 — Tue, 01 Apr 2008 08:00:00 EST

Phillip Smith of Clinton Kentucky died over the weekend after a Kentucky Truck Wreck sent him crashing into his neighbors yard. His son, Josh, was killed in Kentucky Truck Wreck last May. Both Father and Son were killed in their Trucks.

Phillip will be buried next to Josh.

Kentucky Personal Injury Attorney Post Two New Blogs

daryl@daryltdixonlaw.com (Blog Author)2072 — Thu, 06 Mar 2008 08:00:00 EST

Kentucky Personal Injury Attorney Daryl T. Dixon has Posted two new blogs where he will be blogging about Kentucky Personal Injury.

The first site is bowlinggreen.injuryboard.com and the second site is Western-Kentucky.injuryboard.com.

Please check these out daily and if you would like to be notified each time a new blog is posted send me an email at Daryl@DarylTDixonLaw.com.

Crittenden County Kentucky's Stephanie Smith-Lester is An Inspiration to Her Unborn Child After Auto Accident Leaves Her in a Coma

daryl@daryltdixonlaw.com (Blog Author)1972 — Tue, 26 Feb 2008 08:00:00 EST

On February 12, in the snow and ice, and while crossing the Ledbetter Kentucky Bridge, Stephanie Stephanie Smith-Lester's life, and that of her unborn child changed forever. According to an article published in Tuesday's Paducah Sun, Smith-Lester and her husband were involved in a two vehicle auto accident, that left Stephanie in a Coma.

The Kentucky Car Wreck happend as the eastbound Blazer driven by Aaron Tucker lost control striking the bridge and then eventually the Smith-Lester Ford Bronco being driven by her husband Shain. According to the story, Shain swerved to avoid the Tucker vehicle but could not.

The wreck left Smith-Lester in a Coma and she was taken to Vanderbilt Hosptial where she remains in critical condition. She suffered a fractured pelvis, fractures to her brain and a crushed skull as well as a tear in the amniotic sac, which was leaking fluid.

At first the Doctors had given littel chance for Smith-Lester's 13 week old fetus. But now test show the fetus is doing well and without stress. Smith-Lester remains in a coma but is showing movement in her hands and feet.

It appears that the unborn fetus has drawn strength from the fight of its mother as it survives against incredible odds. Our thoughts and prayers will remain with the family, Mrs. Smith-Lester and the baby. We wish all a speedy recovery and we admire your strenth and your incredible courage.

DarylTDixonLaw.com

Zavion Thomas of Paducah Kentucky is Hit by Federal Express Truck

daryl@daryltdixonlaw.com (Blog Author)1941 — Thu, 21 Feb 2008 08:00:00 EST

Zavion Thomas, who is five years old, was hit by a Federal Express Truck on Wednesday in a Paducah Kentucky Truck Accident. Thomas, who was injured, was later flown to Kosair Hospital in Louisville Kentucky for more treatment.

Exactly what happened and the extent of Thomas's injuries at this point are unknown at this time. What is know is that this Kentucky Truck Wreck happened near Thomas's home on North Tenth Street.

We here at DarylTDixonLaw.com wish Zavion a speedy recovery.

Hickman County Car Wreck Could Result in DUI/Maslaughter Charges and Wrongful Death Civil Case

daryl@daryltdixonlaw.com (Blog Author)1657 — Mon, 14 Jan 2008 08:00:00 EST

A tragic Car Wreck claimed the life of Justin Pruitt early Sunday Morning near Columbus, Ky. Read Story Here. Police do suspect that Alcohol played a part in the Wreck. Niether the driver nor the two passengers were wearing seatbelts, according to Police. As in all Kentucky Death Cases, the proper Police Department must open a Death Investigation. DUI and Manslaughter charges could be brought against the Driver and Kentucky Wrongful Death Civil Suit could be filed as well. We here at Daryl T. Dixon Law express our deepest sympathies to the family of the vicitim in this case as well as all Kentucky Wrongful Death Claims. We write about cases such as this to allow victims and victims families a voice. We want others who might encounter this type of situation to know their rights and know that they have a claim. This article is written without the News Media or Insurance Company's biase. It is written from the standpoint of the Victim.

Kentucky Personal Injury Attorney Points out Article on Trends in Pain and Suffering Law

daryl@daryltdixonlaw.com (Blog Author)1630 — Thu, 10 Jan 2008 08:00:00 EST

There is a great articel written on the University of Louisville Law School's Blog about a month ago. It discusses Pre-Impact Pain and Suffering in Kentucky Wrongful Death Law. It is written by a U of L Professor Ronald Eades. Read Story Here. Contact my office or email me at Daryl@DarylTDixonLaw.com if you have further questions or if you would like additional informtion on the subject.

Quick Weather Changes Possible Factor in Western Kentucky Auto Accidents

daryl@daryltdixonlaw.com (Blog Author)1619 — Wed, 09 Jan 2008 08:00:00 EST

We have all been victims of the recent weather changes. When the weather alternates between 69 degree weather and violent thunder/rain storms, it sets a hazardous scene for Western Kentucky Motorists. Paducah Personal Injury Attorney, Daryl T. Dixon, is aware of these hazardous conditions, and the tragedies they are capable of creating. Western Kentucky Auto Accident Attorney, Daryl T. Dixon, is ready, willing, and able to provide assistance to injured motorists so that they may receive adequate compensation for their injuries.

Kentucky's Wrongful Death Toll Greatly Reduced in 2007

daryl@daryltdixonlaw.com (Blog Author)1593 — Thu, 03 Jan 2008 08:00:00 EST

Kentucky's highway death toll reached a six-year low in 2007. A total of 852 people died last year in traffic accidents, state police said yesterday, based on preliminary figures. The death count for 2006 was 913. The 2006 total was 72 below that of 2005, when 985 people died in accidents. The death count was the state's lowest since 2001, when 843 people died on Kentucky roads. This lower death count can be attributed to a number of factors. One possible contributing factor would be the strict enforcement of the new seat belt law. Other factors may be the raised speeding limit, higher gas prices, and the economy's decreasing stability. To learn more about wrongful death, please click HERE.

Toby Keith and Family Recieve $2.8 Million in Wrongful Death Action

daryl@daryltdixonlaw.com (Blog Author)1557 — Wed, 26 Dec 2007 08:00:00 EST

Toby Keith and his family recieved a Jury Verdict in the amount of $2.8 Million For the Wrongful Death of his Father. Read Story here. This particular case stems from a Semi-Truck Accident in Oklahoma that claimed Keith's Dad's life. The Jury determined that the brakes on the Truck were in need repair and that the Defendants were negligent in seeking those repairs. In Kentucky, a case with these facts would entitle the family to damages for Pain and Suffering, Lost Earnings Capacity of the Deceased and Loss of Love and Affection. In addition, a Kentucky Jury could award Punitive Damages against a Trucking Company that was Negligent in the repair of their Truck's Brakes. It is unclear at this point if that is what happened in this Oklahoma Case. Western Kentucky Personal Injury Attorney Daryl T. Dixon prosecutes cases on behalf of families such as Toby Keith's. Daryl T. Dixon takes cases involving Interstate Trucking Accidents and Kentucky Wrongful Death Cases. If you or someone you love has been the victim of a Kentucky Accident contact Daryl T. Dixon today at (270) 442-3246.

Eddyville Kentucky Head On Collision Results in a DUI Charge

daryl@daryltdixonlaw.com (Blog Author)1440 — Thu, 06 Dec 2007 08:00:00 EST

According to Police and Eye Witnesses, Sherry Dowe had been driving in the wrong lane for about 100 feet before the Head-On-Collision with Cheri Martin. Dowe was later cited for Driving Under the Influence before being taken to Lourdes Hospital with internal injuries. Martin was airlifted to Evansville, Indiana to Deconees Hospital by AirVac. She was listed as being in Stable Condition. The Kentucky Car Wreck occurred right in front of the Lyon County School Bus Garage. Both were wearing seatbelts and both airbags deployed upon impact. Read news article here.

What is The Difference Between a Kentucky Wrongful Death Claim and Kentucky Serious Personal Injury Claim

daryl@daryltdixonlaw.com (Blog Author)1439 — Thu, 06 Dec 2007 08:00:00 EST

I. What is The Difference Between A Kentucky Wrongful Death and Kentucky Serious Personal Injury Case Note-Some don't know they have a case. Kentucky Wrongful Death What is wrongful death? Wrongful death is a death caused by the fault of another. A wrongful death can arise from negligence, malpractice, faulty products, or other acts by another party (called the defendant). Most wrongful death claims arise from motor vehicle collisions, medical malpractice, and unsafe or defective products. Once the defendant's fault is proven, the surviving dependents and beneficiaries are entitled to monetary damages. Damages recovered from a wrongful death claim can be in the form of medical expenses, funeral expenses, pain and suffering, loss of benefits, loss of love and affection (Consortium) and loss of future earnings capacity. The loss of future earnings capacity allows the estate to recover an amount equal to what the victim's would have earned and contributed to their family had they not lost their lives through the fault of another. These future earnings can greatly benefit the surviving dependents, especially if the deceased produced the main source of income for the family. Some states also allow punitive damages, which are damages that are intended to punish the defendants conduct. Conditions for a Wrongful Death Claim in Kentucky. The defendant must have been negligent or liable for the death of the victim. The defendant must be responsible in whole, or at least contributed in part to the victim's death. The deceased must have dependants or beneficiaries, such as family members, who have suffered emotional and monetary damages due to the death. Filing a Wrongful Death Claim. A wrongful death claim must be filed within a certain deadline, which is referred to as a statute of limitations. This deadline will vary from state to state. The time usually begins to run at the date of the victim's death or the appointment of a Personal Representative to administer the Estate of the Deceased. You must consult a Personal Injury Attorney to inform you of the Statute Deadlines in a particular state. Qualified plaintiffs, those who bring the wrongful death claim, are generally spouses, children, or parents of the victim. Some states have extended the qualification to extended family members, grandparents, and legal dependents. Who exactly qualifies as a qualified plaintiff differs from state to state, and this information can be attained from your local authorities. Most Attorneys will be happy to assist you with gathering this type of information. Serious Personal Injury What is Personal Injury? The legal definition of serious personal injury is a bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, disfigurement, loss or impairment of the function of a bodily member, organ, or mental functionality. Examples of the types of damages that can be recovered for such injuries can be in the form of compensation for doctor's bills, time lost from work, medical costs for ongoing injuries, and pain and suffering. The main purpose of these damages are to put the injured in the situation they were before their accident, and allow them to live a lifestyle that is as close as possible to the one they once knew. A Kentucky Serious Personal Injury can occur because of something someone else did, didn't do that they were supposed to do, or negligently repaired something or didn't repair it all when they should have. A Personal Injury can occur at work, in an Motor Vehicle Collision, because of a faulty or defective product, because of medical malpractice, or because you slipped and fell on an unmarked wet floor. The physical damage of a personal injury can also be accompanied by psychological damage. If this psychological damage is substantial, and can be proven, damages may be recovered for it as well. How do you know if you have a Personal Injury Case? In order to find out if you have a case against another person, business, or government entity for personal injury, look for some, part, or all of the following check list: o Were you injured due to the fault of another? o Have you had to make several visits to the doctor, physical therapy, chiropractor, or other medical treatments because of the injury? o Have the above treatments resulted in substantial medical expenses? o Has your post-injury lifestyle been altered as a direct result from the injuries sustained from the accident? o Have you lost time at work due to the pain from the injury or the several visits for medical treatments of the injury that has resulted in lost wages? o Do you have trouble sleeping or resting because of the injury? o Has the injury affected your attitude or relationship with friends, family members, or others that are close to you? For additional information on Kentucky Wrongful Death click Here. For additional Information on Kentucky Serious Personal Injury click Here.

Catch Paducah Kentucky Attorney Daryl T. Dixon Along with WPSD TV's Mike Mallory on FM 95.9

daryl@daryltdixonlaw.com (Blog Author)1425 — Tue, 04 Dec 2007 08:00:00 EST

Local Television personality Mike Mallory and Paducah Kentucky Attorney Daryl T. Dixon have teamed up to call Ballard Memorial Basketball Games Live on FM 95.9. The pair called their first game together last Friday November 30, 2007 as the BMHS Lady Bombers took on the Heath Lady Pirates. Mallory has two sons, Will and Alex that play for the BMHS Bomber Basketball Team. Dixon has a neice, Tiffany, that plays for the BMHS Lady Bomber Basketball Team. Mike Mallory teams with Beth Bradley for Newschannel Six Sunrise Broadcast from 5:00-7:00 on weekday mornings. You can also see of their webcast at WPSDTV.com. Daryl T. Dixon, along with running a full time Personal Injury Practice, is the Head Coach of the Ballard County Middle School Lady Bombers. Dixon is currently in his third season as the Head Coach. Mike and Daryl will team for some 13-15 broadcast as well as some tournament games this year. Their next games is the BMHS Lady Bombers vs. Graves County Lady Eagles on Tuesday December 4, 2007 at 6:00. Dixon said "Mike is the ultimate professional." "He told me before the first game that he had not called basketball since his days at Western Kentucky University." "Then he took to the air and sounded like a 20 year veteran." So tune in and catch Mike and Beth in the Mornings and Mike and Daryl at Night!

Mistakes That Can Wreck Your Kentucky Auto Accident Case

daryl@daryltdixonlaw.com (Blog Author)1392 — Wed, 28 Nov 2007 08:00:00 EST

MISTAKES THAT CAN WRECK YOUR KENTUCKY ACCIDENT CASE There are two main categories of mistakes that can weaken, and even destroy your Kentucky Accident Case. These two main categories are Being Dishonest with you Attorney, and Choosing the Wrong, or an Incompetent, Attorney. Several mistakes can occur within these two vast categories, however, listed below are some of the worst. BEING DISHONEST WITH YOUR ATTORNEY. There are several things that constitute being dishonest with your attorney. Remember, the attorney is there to assist you, and protect your legal rights, being dishonest will only hinder his ability to do these things. It is very important to be upfront and honest about everything. The following paragraphs will give some examples and explain why it is necessary to be honest about those situations. Always be honest about your previous accident history. Insurance agencies already know how many accidents you have had because they subscribe to a huge database that contains this information. When they ask the attorney this question, they are testing his, and your, credibility. If you are not honest about your accident history, it makes you and your attorney look dishonest, which weakens your bargaining power, and eventually your case. Always be honest about your previous, and current, injuries. Once again, the insurance agency will already be aware of these injuries. Even if a client thinks their injuries will hurt their case, they should still be candid about them to the attorney. This situation is where the skills of your attorney come into play, and those skill should be trusted. Always have correct tax returns. If a client claims lost wages, tax returns are used to verify this. An attorney can only fight for something that he has valid evidence of. Never misrepresent you activity level to your attorney. The level of activity the client alleges is the level that the attorney will base his damages to be awarded to the client. If the insurance company finds out that the level of activity represented by you and your attorney is false, is can severely weaken, or destroy your case. As you can see, dishonesty, or withholding information within the attorney-client relationship can severely damage a client's case. The best way to avoid these situations is to be honest from the beginning. This is the only way your attorney can protect a client's rights to the best of his ability. CHOOSING THE WRONG, OR AN INCOMPETENT, ATTORNEY. Choosing a wrong, or incompetent attorney can severely damage your case. You do not want an attorney with little or no experience in personal injury to handle your case. That would be like asking a student in medical school to perform open-heart surgery. Also, you do not want an attorney with a heavy case load. In trying to handle every case, the attorney may not being able to pay adequate personal attention to every case, which is something that every case definitely deserves. Do not keep an attorney who is aloof, or avoids communication with you. Open communication between client and attorney is a valuable commodity. Hopefully, you will feel a little more secure seeking an attorney to handle your personal injury case, should the need ever arise (and I hope it doesn't). Remember, by employing the information above, you will be working with your attorney, and not against him. The attorney's sole responsibility is to protect the client's rights, and make sure they are adequately compensated for their injuries, but they can only accomplish these goals with the clients help. ** The information above is not to be construed as legal advice. It is merely suggestions as to successful courses of actions. The above information has been compiled as a public service in order to educate the public so that they will be prepared if they ever find themselves in a personal injury case.

Purchase Parkway North Bound Lanes Reopened After Being Closed for Kentucky Interstate Trucking Accident

daryl@daryltdixonlaw.com (Blog Author)1344 — Mon, 19 Nov 2007 08:00:00 EST

The north bound lanes of Purchase Parkway are reopened now after being closed for most of the morning. The driver of a semi truck carrying rice hulls fell asleep at the wheel, causing the vehicle to overturn and spill its contents onto the highway. Officials spent most of the morning removing wreckage and the large amount of rice hulls that were released from the vehicle. Read the news article HERE.

Semi Truck Accident on Interstate 24 Leaves One Man Dead and Two Injured

daryl@daryltdixonlaw.com (Blog Author)1342 — Mon, 19 Nov 2007 08:00:00 EST

One man is dead after being hit by a semi truck on Interstate 24. The semi struck Cecil Burnett's vehicle, which was stopped in the eastbound lane near the Ohio River Bridge. The impact of the collision ejected Mr. Burnett from the vehicle, and he was later pronounced dead on the scene. Two additional cars were unable to avoid the wrecked vehicles, injuring two other passengers. Western Kentucky Interstate Trucking Attorney, Daryl T. Dixon, is all too familiar with these types of accidents involving semi trucks and Interstate 24. Immediate action must be taken in order to preserve key evidence that is crucial in any case involving commercial vehicles. If immediate action is not taken, it is likely this evidence will be destroyed or unable to be produced upon request. The inability to obtain this evidence will make it difficult to recover adequate compensation on behalf of the injured. Paducah Personal Injury Attorney, Daryl T. Dixon, not only understands the urgency of taking such action, but is prepared to act immediately to ensure the clients are compensated to the fullest extent possible. Visit this site for more information on the Federal Motor Carrier Safety Act. Read the news report HERE.

PADUCAH PERSONAL INJURY ATTORNEY, DARYL T. DIXON, COMMENDS CALIFORNIA PERSONAL INJURY ATTORNEY FOR DONATING FREE SERVICES TO FIRE VICTIMS

daryl@daryltdixonlaw.com (Blog Author)1275 — Thu, 01 Nov 2007 08:00:00 EST

I could not even begin to count the endless number of Personal Injury and Ambulance Chasing chokes I have been subject to over the years. It is true, every barrel has a few bad apples, which in turn reflects badly on the other apples. Personal Injury Attorneys are easy targets, especially when big business insurance companies are being backed by a conservative legislature. However, every once and a while, one of us comes along and does something great that stands out. Although, these gracious acts many times go unnoticed. In order to avoid a Personal Injury Attorney's good deeds being swept under the table once again, we would like to take a few lines to commend a fellow Personal Injury attorney in California for his recent role in helping the fire victims of southern california. GLM member Jonathan Stein is using his blog at www.calpiblog.com to offer pro bono assistance and insurance advice for those who have suffered loss due to the fires. This blog has been a huge help to the victims of the southern California fires. Had an attorney with Mr. Stein's expertise and character been available, or willing, after Katrina; perhaps things would have turned out differently. Western Kentucky and Paducah Personal Injury attorney, Daryl T. Dixon, is absolutely ecstatic about Jonathan Stein's pro bono service he is providing. Kentucky Accident Attorney, Daryl T. Dixon, would like extend a helping hand for any services that Mr. Stein might need in servicing these recent victims. Check out the news articles here, here, and here.

DARYL T. DIXON, A WESTERN KENTUCKY PERSONAL INJURY ATTORNEY, DISCUSSES NEGLIGENCE AS A CAUSE OF CAIRO ROAD ACCIDENT

daryl@daryltdixonlaw.com (Blog Author)1272 — Wed, 31 Oct 2007 08:00:00 EST

One of the most common, and preventable, causes of automobile collisions in Paducah, Kentucky is inattentiveness. This failure to pay attention to the road, surroundings, and other vehicles seemed to be the cause of the wreck on the 7600 block of Cairo Road Tuesday evening. Inattentiveness can be translated as negligence in legal terms. In relation to the circumstances surrounding the accident, it was the negligence of the driver's failure to yield and give the right away to oncoming traffic that caused the collision. It is also sufficient to say that had it not been for the driver's negligence, Paul Richter would not have been injured as a result of the accident. Western Kentucky Automobile Accident Attorney, Daryl T. Dixon, comes in contact with these accidents on a daily basis. Mr. Dixon has designated himself as the defender of those who have been injured by the negligence of others, and continues to fight a never ending battle with big business insurance companies to insure his clients receive the adequate compensation they deserve. Please visit the news article here. Please visit our section on automobile accidents for more information.

Paducah Kentucky Personal Injury Attorney, Daryl Dixon, Discusses Recent DUI and Wrongful Death Tragedy in Graves County

daryl@daryltdixonlaw.com (Blog Author)1245 — Fri, 26 Oct 2007 08:00:00 EST

An SUV driven by 78-year-old Robbie M. Terry of Mayfield collided with a car driven by 39-year-old Michelle F. Wilson, also of Mayfield. James Edward Wray, a passenger in Wilson's car, was killed. Robbie Terry, and two other passengers in her SUV, 12-year-old Chase Wooley, and 8-year-old Cassie Wooley were taken to the hospital. Another passenger in Wilson's car, Donald Lunsford, was taken to Jackson Purchase Medical Center with non-life threatening injuries. Michelle Wilson has been charged with DUI. In cases such as these, Paducah Kentucky Wrongful Death Attorney, Dary T. Dixon, would like to point out that James Edward Wray would not have been killed, had it not been for the negligent driving of a person who was under the influence of alcohol. James Wray's family may have a claim to recover for his wrongful death as a result of the negligence of another. Please read the news article HERE. Please visit our section regarding Wrongful Death for more information.

Interstate 24 Personal Injury Attorney, Daryl T. Dixon, Discusses Negligent Driving as a Cause of Recent I-24 Crash

daryl@daryltdixonlaw.com (Blog Author)1244 — Fri, 26 Oct 2007 08:00:00 EST

Loren Sortman was driving west bound on I-24 when she rear ended a chevy malibu driven by Beverly Beckett. A tractor trailer driven by Verlin Tackett struck the rear of Sortman's car because he could not stop in time. Both Sortman and Beckett were injured and removed to Marshall County and Lourdes Hospitals for treatment. In cases such as these, Interstate 24 Attorney, Dary T. Dixon, would like to point out that this collision would not have occurred, had certain parties involved been more attentive to their driving. Such negligence would be grounds for recovery for an injured party involved in a similar accident. Please contact our office with any question you may have relating to these types of accidents.

Paducah Kentucky Medical Malpractice Attorney, Daryl T. Dixon, Discusses Medical Malpractice Issue at Marion Illinois Veterans Hospital

daryl@daryltdixonlaw.com (Blog Author)1083 — Fri, 21 Sep 2007 08:00:00 EST

What if you were scheduled for surgery, but found out the Doctor scheduled to perform it had lost his license to practice medicine over a year ago? Would you still let him cut you open? I certainly wouldn't. Another issue to ponder is: Why would the hospital hire a Doctor who has left a trail of medical malpractice suits and has already lost his licesne in another state? That is the question that no one has the answer to just yet. What is important, is that Mrs. Shank is prepared to fight the injustice of losing a loved one due to the negligence of another. It appears Mrs. Shank is prepared to take whatever action is necessary to make sure those liable for her husband's death never have the chance to commit these kinds of atrocities again. Paducah Kentucky Medical Malpractice Attorney, Daryl T. Dixon, is always prepared to handle a case such as the one mentioned in this article. Mr. Dixon has experience in handling Kentucky Medical Malpractice claims, and does not stop action until he feels the victim's family has been adequately compensated. If you, or someone you know, have been victims of medical malpractice, call Paducah Kentucky Medical Malpractice Attorney, Daryl T. Dixon, right away. For the news article, click HERE. For the updated news story, click HERE. For more information on medical malpractice, click HERE.

ALABAMA BUS COMPANY LOSES LICENSE AFTER FATAL BOWLING GREEN KENTUCKY BUS CRASH

daryl@daryltdixonlaw.com (Blog Author)959 — Thu, 23 Aug 2007 08:00:00 EST

C & R Tours Inc. have lost their license to transport passengers and travel across state lines. This loss is a result of failing to comply with the Federal Motor Carrier Safety Administration's rules and regulations for safe travel and operation. In fact, the small Alabama Bus Company was given a 45 day grace period to comply with regulations after receiving an unsatisfactory inspection report, however, they still failed to meet the required standard of safety. Paducah Kentucky Bus Crash attorney, Daryl T. Dixon is fully aware of the guidlines set forth in the FMCSA. These rules and regulations were instituted to make our highways a safer place to travel. Interstate 24 Attorney Daryl T. Dixon is prepared to investigate every detail of a FMCSA related case, and make sure the regulations are followed to the letter. Pleae view the News Article. Please visit our practice area discussing FMCSA and Kentucky Bus Crash cases.

WIFE OF KENTUCKY COMAIR PILOT SAYS THE CREW ARE NOT THE ONLY ONES TO BLAME FOR CRASH

daryl@daryltdixonlaw.com (Blog Author)958 — Thu, 23 Aug 2007 08:00:00 EST

Im sure most of you are familiar with the Comair crash last August. The Nation Transportation Safety Board has concluded that the pilots were mainly to blame. A recent interview, one of the pilot's wife expresses her inability to accept this conclusion. She spoke about her husbands excellent flight record, and how the blame is trying to be pinpointed on those who can not defend themselves, rather than shared equally amond all deserving parties. As a Paducah Kentucky Plane Crash Attorney, Daryl T. Dixon understands that the fault can not always be placed in one area. He has found in his experience that sometimes fault must be distributed amongst, and damages must be recovered from several different parties. Please view the Interview here: 1, 2 Also, please visit our webpage discussing Paducah Kentucky Plane Crash cases.

LOUISVILLE TODDLER DIES AFTER BEING STRUCK BY SUV

daryl@daryltdixonlaw.com (Blog Author)955 — Wed, 22 Aug 2007 08:00:00 EST

It is always tragic to hear stories such as the one about Yauri Quintero Rocha, a toddler from Louisville who was run over by an SUV driven by a family member. Although this accident, and many others like it, was not intentional, the family may still recover for the loss of the their child. Paducah Kentucky Wrongful Death Attorney, Daryl T. Dixon, is always willing to step forward and fight for families who have suffered a tragic loss such as this one. Please view are webpage discussing Wrongful Death. Also, please visit these related News Articles: 1, 2, 3

PURDUE AND PARENTS OF WADE STEFFEY AGREE TO $500,000 SETTLEMENT

daryl@daryltdixonlaw.com (Blog Author)954 — Wed, 22 Aug 2007 08:00:00 EST

Purdue University and the parents of Wade Steffey, a student who was fatally shocked in a high-voltage campus utility room, have agreed to a settlement that will provide $500,000 to the family and a scholarship endowment. These types of negligence cases are even more tragic when they cost us the life a young person who still has their entire life ahead of them. That is why Paducah Kentucky Personal Injury and Wrongful Death Attorney, Daryl T. Dixon is always prepared to fight for those, or the family of those who have suffered loss. Please view the news articles below: 1,, 2, 3, 4. Also, please visit our webpage discussing Wrongful Death.

PADUCAH KENTUCKY BIRTH INJURY ATTORNEY DARYL T DIXON POINTS TO ONE OF THE MOST COMMON TYPES OF BIRTH INJURIES CAUSED BY DOCTORS' NEGLIGENCE

daryl@daryltdixonlaw.com (Blog Author)953 — Wed, 22 Aug 2007 08:00:00 EST

We recently posted an article discussing Brachial Plexus Injuries (BPI), one of the more common types of birth injuries that can be caused by negligent medical staff. BPI's are usually caused when a health care practitioner exerts excessive force during delivery in an inappropriate response to shoulder dystocia, which is a failure of the baby's shoulders to readily follow his or her head during a vaginal delivery. These types of claims can become very complicated. That is why Paducah Kentucky Birth Injury Attorney, Daryl T. Dixon, has committed to continually educating his clients and those that visit DarylTDixonLaw.Com so that they may be prepared to adequately fight for their rights. Please visit the Article, as well as our webpage discussing Birth Injuries.

Winning the Fight Against Age Discrimination in Paducah Kentucky Medical Malpractice Cases

daryl@daryltdixonlaw.com (Blog Author)952 — Wed, 22 Aug 2007 08:00:00 EST

We recently posted an article from Trial Magazine discussing strategies to combat age discrimination in medical malpractice cases. It is a common misconception that the elderly are non productive members of society, and that sometimes, treatments for serious diseases (such as cancer) would be a waste of time. This is a misconception that Paducah Kentucky Medical Malpractice Attorney, Daryl T. Dixon, hopes to destroy. The methods outlined in the article are only a small portion of the arsenal Paducah Kentucky Medical Malpractice Attorney, Daryl T. Dixon has available to combat these industry giants. For more information please visit the Article and our webpage discussing medical malpractice claims.

BUZZARD ROCK MARINA EMPLOYEE DIES 10 DAYS AFTER KENTUCKY WRONGFUL DEATH FIRE

daryl@daryltdixonlaw.com (Blog Author)948 — Wed, 22 Aug 2007 08:00:00 EST

Travis Leech, 23, has lost the battle with his injuries resulting from the Buzzard Rock Marina Fire 11 days ago. Our deepest sypmpathies go out to the Leech family, and to all those who were close to him. The fact that Leech most likely lost his life because of the negigence of another is more disheartening than anything. Paducah Kentucky Personal Injury Attorney, Daryl T. Dixon, is no stranger to tragedies such as these. As a Paducah Kentucky Wrongful Death Attorney, Mr. Dixon is familiar with the possible claims that may be brought on behalf of Travis Leech by his family. A few likely claims may be for workers compensation, product liability if the gas pump or boat are deemed faulty, and a wrongful death claim for any negligence committed by any party which resulted in the injures sustained by Mr. Leech. Pain and suffering for 10 days, as well as economic loss figured through the average working age, are only two examples of damages that would be recoverable for the Leech family. Paducah Kentucky Boating Accident Attorney, Daryl T. Dixon is always open to discussing possible claims such as these by those who have been injured, or know someone who has. To watch the news video click here. To read the news articles, follow the links below: 1, 2, 3, 4. Please visti our practice areas on Wrongful Death and Boating Accidents.

Paducah Kentucky Personal Injury Attorney Daryl T. Dixon Asks for Conversation on the Mother of All Frivolous Lawsuits

daryl@daryltdixonlaw.com (Blog Author)946 — Wed, 22 Aug 2007 08:00:00 EST

I am sure you have heard by now about the Administrative Law Judge in Washington D.C. He sued a local Dry Cleaners for $65 Million. I feel like this is the Mother of All Frivolous Lawsuits. Many of my collegues agree! Thank goodness and thank our judicial system the he lost. I am sure that you have heard about the McDonalds Lawsuit from several years back. Well, whatever opinion that you have please sit on it for a minute until you watch the video below. Once you have watched the You Tube video, leave a post at the end of the blog and tell me what you think after listening to the facts. I feel like you will probably agree that the Fancy Pants lawsuit is the mother of all frivolous lawsuits but your opinioin of the McDonalds suit may differ. Also, let me know your opinions on the U.S. Chamber, Big Corporations and Big Insurance and Tobacco. The Video was put together last month by some friends of mine and a former Fox News Reporter. It will shed some light on Tort Reform. Watch Video Now. When you are done you may read what the American Association for Justice had to say about "Mr. Fancy Pants." Read Here. I also wrote an article about "Mr. Fancy Pants" earlier this year while the suit was still going on. You may read it here.

SUV and Semi-Truck Wreck in Graves County Kentucky

daryl@daryltdixonlaw.com (Blog Author)942 — Tue, 21 Aug 2007 08:00:00 EST

A Jeep SUV and a Semi-Truck Trailor were tangled up on U.S. 45 Monday in Graves County Kentucky. Luckily for both parties no one was seriously injured. It appears that the Driver of the SUV Jeep did not understand at what rate or how fast the Semi-Truck Trailor was going. Therefore it approached the Semi-Truck and was lodged under the rear of the Trailor. The driver of the Jeep was taken to the Jackson Purchase Medical Center in Mayfield Kentucky and treated for a broken leg. As a Kentucky Car, SUV and Semi-Truck Wreck Attorney and one who deals with these types of cases everyday, the parties are lucky that the worst injury here is a broken leg. See News Article Here. Semi-Trucks in Kentucky are subject to extra special regulations under the Federal Motor Carriers Safety Act. They are regulated on time behind the wheel, load amounts as well as many other regulations to keep our highways in Kentucky safe. Click here for more on FMCSA Paducah Kentucky Personal Injury Attorney Daryl T. Dixon answers questions via phone, email and fax about Interstate Truck Wrecks Law and Kentucky Car Wreck Law on a daily basis. If you or someone you know has been injured in a Kentucky Car Wreck or Interstate Trucking Accident please contact our offices today at Toll Free 866-529-7745 or 270-442-3246.

Multiple Vehicle Collison In Lone Oak Kentucky Leaves Two People Injured

daryl@daryltdixonlaw.com (Blog Author)922 — Thu, 16 Aug 2007 08:00:00 EST

A multiple vehicle traffic accident on Lone Oak Road at noon resulted in injuries to two Paducah women. Debra Jones of Paducah was traveling south on Lone Oak Road and approaching the intersection of Clinton Road. She failed to notice the light was red and that traffic was stopped. Jones' vehicle struck another vehcile, operated by Rhonda Carter of Paducah. Jones' vehicle pushed Carter out of the way and continued on south striking two more vehicles, operated by Debbie Thompson of Benton and Richard Alexander of Hickory. The two injured were transported to Lourdes Hospital where they were treated and evaluated. Lone Oak Road was blocked for approximately 45 minutes while the accident was investigated and the injured received treatment. In these types of accidents, proving liability will not likely be an issue. Being able to prove another was at fault is one of the most important hurdles one will face when involved in the types of claims arising out of auto accidents such as this one. Paducah Kentucky Car Wreck attorney, Daryl T. Dixon, is always available to answer questions in about these types of accidents. Please visit the News article HERE. Please visit our webpage explaining our approach to Kentucky Car Wreck cases HERE.

AmTrak Train Collides with Coal Truck in Southern Illinois

daryl@daryltdixonlaw.com (Blog Author)902 — Tue, 14 Aug 2007 08:00:00 EST

An Amtrak train collided with a coal truck near Elkville, Illinois, in Jackson County Monday afternoon. There are no railroad crossing lights where the road crosses the tracks. Luckily, no one was injured, however, there is still property damage that maybe recoverable. Kentucky Train Wreck Attorney, Daryl T. Dixon, is always available to answer questions regarding these types of accidents. Railroads and Railroad Crossings can be very dangerous places, especially if not designated with proper equipement, such as crossing lights and crossing barriers to warn those traveling the area of potentially dangerous situations. You can learn more about Railroad Accidents and applicable laws from Paducah Kentucky Train Wreck Attorney, Daryl T. Dixon's webpage. Also, check out the News article HERE, and the Video HERE.

Interstate 24 Trucking Litigation Attorney, Daryl T. Dixon, Discusses Negligent Driving as a Cause of Recent I-24 Crash

daryl@daryltdixonlaw.com (Blog Author)901 — Tue, 14 Aug 2007 08:00:00 EST

A crash on Interstate 24 left two men injured this past Sunday. The crash happened just before six o'clock. Anthony McGuffey of Nashville, Tennessee was driving while under the influence of alcohol when he lost control of his vehicle and flipped several times. His passenger, Larry McGuffey was also injured. Both men were taken to the hospital for treatment. Anthony McGuffey was charged with driving under the influence of alcohol. In cases such as these, Interstate 24 Attorney, Dary T. Dixon, would like to point out that Larry McGuffey would not have been injured, had it not been for the negligent driving of Anthony McGuffey while under the influence of alcohol. Larry McGuffey may have a claim to recover for his bodily injuries sustained from the accident. Please read the news story HERE. Also, please visit our page about DUI injuries and fatalities for more information on accidents caused by people driving while under the influence of alcohol.

Kentucky Fen-Phen Lawyers Sent to Jail

daryl@daryltdixonlaw.com (Blog Author)900 — Tue, 14 Aug 2007 08:00:00 EST

Friday in The United States District Court for the Eastern District of Kentucky Judge William Bertelsman Ordered William Gallion, Shirley Cunningham and Melbourne Mills into the Custody of the U.S. Marshals. The three Lawyers who were accused of biliking their clients out $64 Million had been in Court to ask the Judge to delay their Criminal Trial which is set for Mid October. Read News Article Here. It seems these three and their legal past have never taken the Courts or the U.S. Justice system very seriously and have repeatedly tried to place themselves above the law. Surely this time the Judge sent them a message that he is to be taken seriously.

West Kentucky Marina Fire Claims at Least One Victim

daryl@daryltdixonlaw.com (Blog Author)874 — Tue, 07 Aug 2007 08:00:00 EST

A large fire broke out in West Kentucky Marina, claiming the life of one innocent man. The cause of the fire is still unknown, however, several people involved may possibly have claims for recovery. Further investigation will be needed. Obviously, the family of the deceased may have a claim for wrongful death if the cause of death turns out to be a result of negligence. Others involved, who received either injuries to their person or damages to their property, possibly have claims as well. To read more about river, railway, and boating accidents, CLICK HERE. To read the news articles click HERE and HERE. To view the news video footage, click HERE and HERE.

Judge Rules that Fen-Phen Lawyers Must Pay Back Clients 62 Million

daryl@daryltdixonlaw.com (Blog Author)870 — Tue, 07 Aug 2007 08:00:00 EST

Special Judge William Wehr has ruled that William Gallion, Shirley Cunningham Jr. and Mebourne Mills owe their former clients 62 Million Dollars. The lawsuit that was filed by Kentucky Attorney Angela Ford alleges that the three Kentucky Lawyers paid themselves "Excessive Fees" for the work that they did for over 400 clients who suffered damages as the result of taking the Diet Drug Fen-Phen. You can read about the ruling here. In addition, Judge Wehr will rule next week as to whether nationally known Personal Injury Attorney Stan Chesley must stand trial as well as the three Kentucky Attorneys. Chesley has denied any wrongdoing and has even offered to pay back any disputed part of the fee he recieved in negotiating the settlement in this case. Gallion, Cunningham and Mills have been indicted by a Federal Grand Jury and will go to trial in October. The Civil Trial on Punitive Damages will be held after the Criminal Trial. The Courier-Journal has written several articles detailing the lawsuit over the past year.

Kentucky Railroad Accidents Afford Workers Extra Protection Under FELA

daryl@daryltdixonlaw.com (Blog Author)865 — Mon, 06 Aug 2007 08:00:00 EST

Did you know that in Kentucky and other states, Railroad Workers are afforded an extra level of protection because there job is so dangerous and hazardous? The Law governing Injured Railroad Workers is FELA (Federal Employers Liability Act). Under FELA an Injured Railroad Worker has less of a burden to prove to win their case. They still must prove that the Employer Railroad was negligent. I recently wrote an article on a Kentucky Railroad Accident in Fulton Kentucky. It appears that the victim's family in this case will have a claim under FELA. You may view the article here.

My AMAZING webmaster!

daryl@daryltdixonlaw.com (Blog Author)850 — Sat, 04 Aug 2007 08:00:00 EST

Graves County Traffic Fatality Just One of Many Last Week in Kentucky

blog@www.daryltdixonlaw.com (News Author)10232 — Tue, 01 Sep 2009 08:00:00 EST

Two Injured in Paducah Kentucky Car Wreck on Highway 60

blog@www.daryltdixonlaw.com (News Author)10163 — Thu, 27 Aug 2009 08:00:00 EST

Day 1 Yonts Murder Trial

blog@www.daryltdixonlaw.com (News Author)2165 — Tue, 16 Jun 2009 08:00:00 EST

Yonts Murder Trial Day 1 The murder trial for the son of a Kentucky lawmaker is underway in Calloway County. Murray State University Student Harrison Yonts is charged with murder for a deadly hit and run accident in November 2005. He's accused of hitting and killing Nadia Shaheen who was walking along the road. Yonts is the son of State Representative Brent Yonts of Greenville, Ky. NewsChannel 6's Anna Prendergast will continue to bring coverage of the trial. Day 1 5:00 PM- Around 3:30 PM the trial started with both Attorney's opening arguments. The prosecution says there is physical that puts Yonts behind the wheel of the car that hit Nadia Shaheen on November 11th. The defense argues that Yonts was home when Shaheen was killed and that someone else took his car, the car that killed Shaheen, not Yonts. Yonts' attorney admits that he was very intoxicated. Blood alcohol tests revealed in court put Yonts alcohol level at .06 at 11 am the next morning, hours after Shaheen was killed..02 it the legal limit. Two witnesses have taken the stand so far. We do not know if Lyons will testify, but we will find out tomorrow. 2:15 PM- Yonts attorney, Dennis Null just finished questioning the jury pool. One of his last questions was do any of you already believe Harrison Yonts is guilty? One man raised his hand. We've learned several Murray Police officers will testify, a student from Murray State University, and the coroner that investigated Nadia Shagreen's death is being called an important witness. The attorney's from both sides are deciding what jurors they will choose. Court will resume at 2:30 and 14 jurors will be sworn in. 1:30 PM- A few more jurors were excused because they work or go to school at Murray State University. Yonts' attorney, Dennis Null started questioning jurors at 11:30 am. Null asked jurors if they could put aside that Harrison Yonts is son of State Rep. Brent Yonts of Greenville. Every juror said they could look past it. Judge Foust told jurors he does not want them reading or watching any news reports on the case. Everyone broke for lunch at 12:30, Null will continue questioning at 1:30. 10:00 AM- Jury selection in the Harrison Yonts trial started at 10 this morning. Eighty-two out of the expected one hundred and twenty five jurors showed up for the selection process. Thirty-two jurors are being questioned at a time. Judge Dennis Foust started out questioning to make sure no one was related to Yonts or any of the attorneys involved. Three jurors were immediately excused for doctor appointments, one because she went to school with Yonts, and one for a short attention span. Jim Harris, assistant commonwealth attorney in McCracken County has been appointed the special prosecutor in the case. Harris started questioning jurors at 10:30. He asked jurors if they had heard about the case in the media, all 32 jurors raised their hands. He then asked if they could put aside anything they had heard in the media about the case. All 32 jurors said they could. Harris then said the question that they would have to answer at the end of the case is did Harrison Yonts' drunk driving kill Nadia Shaheen? Yonts' attorney, Dennis Null will be next to question jurors. Judge Foust says he expects the trial to last four days. Attorneys from both sides say if they can't find a fair jury they will ask for the trial to be moved to another county. Harrison Yonts father, State Rep. Brent Yonts of Greenville is in the courtroom. He has not shown any emotion but is paying very close attention to each juror, writing down everyone's name as they walk up. Copyright 2007 WPSD-TV, LLC

Union County Kentucky Semi Truck Wreck Injures One on Highway 60

blog@www.daryltdixonlaw.com (News Author)7588 — Mon, 02 Mar 2009 08:00:00 EST

Driver Not Charged In Double Fatal Crash

blog@www.daryltdixonlaw.com (News Author)3291 — Thu, 30 Aug 2007 08:00:00 EST

A grand jury in Kentucky chose not to indict the driver of a car involved in a crash that killed two teens. 17 year-olds Marinda Perry and Kristi Blevins, both of Louisa, were killed in the accident in Lawrence County, KY back on April 25th. Kentucky State Police say their car was hit head on by a car driven by James C. Preece of Louisa. For more information, follow the link below.

Survivor of Ky. Crash Sues Manufacturer

blog@www.daryltdixonlaw.com (News Author)3290 — Thu, 30 Aug 2007 08:00:00 EST

LEXINGTON, Ky. -- The sole survivor from the airliner that crashed after taking off from the wrong runway at Blue Grass Airport, killing 49 people, is suing the company that designed the runway and taxiway lights. James Polehinke, the co-pilot of Comair Flight 5191, filed suit against AVCON Inc. on Friday, three days before Monday's first anniversary of the crash. For more information, follow the link below.

Comair Will Be the Liable Party in the Crash of Flight 5191

blog@www.daryltdixonlaw.com (News Author)3233 — Mon, 20 Aug 2007 08:00:00 EST

Tractor Trailer Accident Leaves Mother and Infant Son Dead

blog@www.daryltdixonlaw.com (News Author)3189 — Thu, 09 Aug 2007 08:00:00 EST

Woman and infant son killed by runaway vehicles MANITOU, Ky. (AP) - State police say a truck and a trailer carrying a farm tractor rolled down a hill at the site of a driveway paving site in western Kentucky, striking and killing a woman and her ten-month-old son. The incident at noon yesterday in the Manitou community of Hopkins County resulted in the deaths of 25-year-old Christy Caraway and her son, Landon Caraway. Hopkins County Coroner Dennis Mayfield says they died where they were struck, in the front yard of their home. Four-year-old Alexis Caraway was taken to Bowling Green's Regional Medical Center where she was treated and released. ©2007 Associated Press.

Chesley adding bus maker to crash lawsuit

blog@www.daryltdixonlaw.com (News Author)3155 — Thu, 02 Aug 2007 08:00:00 EST

Spending $3,000 on seat belts might have kept Cody Shively from sustaining a severe head injury that will cost far more in medical treatment. That's the assessment of Cincinnati attorney Stan Chesley, who says the school bus the 12-year-old was aboard when it crashed was unsafe. And he plans to hold accountable the bus manufacturer, Navistar International Transportation Corp. For more information, follow the link below.

Board Says Pilots Were Responsible for 2006 Fatal Plane Crash in Kentucky

blog@www.daryltdixonlaw.com (News Author)3118 — Tue, 31 Jul 2007 08:00:00 EST

The pilots were primarily responsible for the crash of a regional jet last year that killed 49 people at a Kentucky airport because they failed to notice obvious signs that they were headed to the wrong runway, safety investigators concluded yesterday. The National Transportation Safety Board concluded that the pilots' errors and their failure to "cross check" that they were on the proper runway were the principal causes of the accident. The board also blamed "nonpertinent" chitchat between the pilots about colleagues' job prospects just before the crash. For more information, follow the link below.

Congress Passes Legislation Protecting Victims of Railroad Negligence

blog@www.daryltdixonlaw.com (News Author)3103 — Mon, 30 Jul 2007 08:00:00 EST

Congress Passes Legislation Protecting Victims of Railroad Negligence AAJ Commends Decisive Congressional Action July 27, 2007 (Washington, DC)—)— Jon Haber, CEO of the American Association for Justice (AAJ), issued this statement upon Congress' successful passage of the Implementing Recommendations of the 9/11 Commission Act of 2007. "AAJ commends Congress for today passing a vital piece of legislation that guarantees access to justice for thousands of Americans injured by railroads' negligence. In the past, railroad operators relied on outdated equipment which often failed, and then expected full immunity from accountability, even if they admitted to being at fault. Today's actions in Congress guarantee a level playing field for Americans in our courts. This will allow the hundreds of Minot residents poisoned by a chlorine shipment's derailment five years ago to finally pursue justice for the harm inflicted while they slept. We thank the Congress for their hard work to ensure true accountability across the board, without exceptions for insurance CEOs, industrial polluters or even railroad operators. AAJ will continue to press for access to the courts for all victims of negligence."

Kentucky Road Worker Struck by SUV Near Owensboro in Potential Wrongful Death Case

blog@www.daryltdixonlaw.com (News Author)3067 — Wed, 25 Jul 2007 08:00:00 EST

Road worker struck and killed by Missourian's SUV OWENSBORO, Ky. (AP) - A Kentucky road worker is dead after being struck by an S-U-V driven by a St. Louis-area teenager. Twenty-two-year-old Julio Cesar Hernandez of Hopkinsville was working with a mowing crew in a median along a parkway in western Kentucky when he was struck yesterday. Law officers say an S-U-V driven by 19-year-old Jessica Reyes of Troy drifted into the median and struck Hernandez. Investigators are atill trying to determine the cause of the accident. ©2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Associated Press

Driver In Kentucky Bus Crash is Cited with Traffic Citations

blog@www.daryltdixonlaw.com (News Author)3032 — Wed, 18 Jul 2007 08:00:00 EST

Bus driver cited for poor maintenance after church group crash SMYRNA, Tenn. (AP) - The driver of a Tennessee bus that crashed on Interstate 65 in Kentucky has been issued four traffic citations. Kentucky authorities cited Smyrna Motorcoach Services Incorporated driver John Pritchett with driving on two faulty brakes, failing to carry required driver's reports, missing a required annual inspection and having a medical restriction that didn't allow him to drive outside the Nashville school district. Pritchett was driving the bus carrying 40 children on July ninth from the First Baptist Church in the Nashville suburb of Smyrna to a church camp in Georgetown, Kentucky. It crashed into a tractor trailer and car 13 miles north of the Tennessee border. None of the children was seriously hurt, and the group continued on to the week-long camp at Georgetown College. Smyrna Motorcoach Services owner Eugene Mullins said the charter bus was safe to operate, despite problems with keeping up with paperwork. Source: Associated Press

Teen Injured in Louisville Six Flags Amusement Park is Released From Hospital

blog@www.daryltdixonlaw.com (News Author)3025 — Sun, 15 Jul 2007 08:00:00 EST

LOUISVILLE, Ky. (AP) - A Louisville teenager has been released from a Tennessee hospital, three weeks after her feet were cut off in an amusement park accident. Kaitlyn Lasitter, 13, was discharged this weekend from Monroe Carell Jr. Children's Hospital at Vanderbilt in Nashville, Tenn., the hospital said in a written statement. "With her discharge from the hospital, Kaitlyn has completed only the first step in her long journey toward recovery," said Vanderbilt University Medical Center spokesman John Howser. "Kaitlyn and her parents are still facing many challenges ahead." Doctors at the hospital reattached Lasitter's right foot, according to a family statement released earlier this month. Doctors were unable to save her left foot. Lasitter was injured June 21, when a cable broke on the Superman Tower of Power ride at Six Flags Kentucky Kingdom. ©2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Associated Press

Comair Families Want to be Included in Flight 5191 Memorial in Kentucky

blog@www.daryltdixonlaw.com (News Author)3013 — Tue, 10 Jul 2007 08:00:00 EST

Families of Comair crash victims hope to be involved in memorial LEXINGTON, Ky. (AP) - The families of the victims of Comair Flight 51-91 say they're worried about how much they'll be involved in planning a memorial to honor their loved ones. Forty-nine people died when the plan crashed shortly after take-off at Blue Grass Airport last August. Work on a permanent memorial is expected to begin next week. But the memorial commission does not include any family members. Sarah King Fortney lost her husband C-W Fortney in the crash. She says she is worried the family members won't have a voice in how the memorial is prepared. Commission member Ray Garman says there are no family members on the commission because it would have been difficult to choose which members would be on the board. Garman said family members will be allowed to attend all commission meetings and that there will be at least one meeting set aside to gather input from the families. Source:

Speed Limit to Increase to 70 MPH on Kentucky Highways and Interstates

blog@www.daryltdixonlaw.com (News Author)3012 — Tue, 10 Jul 2007 08:00:00 EST

Kentucky speed limit to increase Tuesday FRANKFORT, Ky. (AP) - Crews will begin tomorrow putting up 70 mph speed limit signs on most rural interstate highways and parkways. Kentucky Transportation Cabinet spokeswoman Miranda Thacker says the plan is to change all the signs in one day. The General Assembly approved the higher speed limit in March, but delayed its implementation until highway engineers completed studies to identify stretches where increased speeds would be safe. The speed limit won't increase on urban stretches of interstate highways. Source: AP

Dry Cleaner Wins in $54 Million Suit for Pants

blog@www.daryltdixonlaw.com (News Author)2907 — Tue, 26 Jun 2007 08:00:00 EST

Dry cleaner wins in $54 million suit for pants Judge rules plaintiff must pay court costs View the video here. Updated: 1:35 p.m. CT June 25, 2007 WASHINGTON - A judge ruled Monday in favor of a dry cleaner that was sued for $54 million over a missing pair of pants. The owners of Custom Cleaners did not violate the city's Consumer Protection Act by failing to live up to Roy L. Pearson's expectations of the "Satisfaction Guaranteed" sign once displayed in the store window, District of Columbia Superior Court Judge Judith Bartnoff ruled. Bartnoff ordered Pearson to pay the court costs of defendants Soo Chung, Jin Nam Chung and Ki Y. Chung. Pearson, an administrative law judge, originally sought $67 million from the Chungs, claiming they lost a pair of suit trousers and later tried to give him a pair that he said was not his. He arrived at the amount by adding up years of alleged law violations and almost $2 million in common law claims. Pearson later dropped demands for damages related to the pants and focused his claims on signs in the shop, which have since been removed. Chris Manning, the Chungs' attorney, argued that no reasonable person would interpret the signs to mean an unconditional promise of satisfaction. The Chungs said the trial had taken an enormous financial and emotional toll on them and exposed them to widespread ridicule. The two-day trial earlier this month drew a standing-room-only crowd and overshadowed the drunken driving trial of former Mayor Marion Barry. MORE FROM MSNBC.COM First Read: What's happening in politics Sore jaw plagues hot dog eating champion World Blog: Iraqi justice for 'Chemical Ali' TV reporter who supported candidate is out Country Joe flashes back to Summer of Love © 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

13 Year Old Girl Loses Feet in Amusement Park Accident

blog@www.daryltdixonlaw.com (News Author)2905 — Mon, 25 Jun 2007 08:00:00 EST

A 13-year old girl visiting Six Flags Kentucky Kingdom in Louisville lost both of her feet when a ride malfunctioned Thursday afternoon. The accident happened on the Superman Tower of Wower, formerly known as the "Hell-a-vator." For more information, follow the link below.

Bus Crash Leaves One Dead and At Least 66 Injured

blog@www.daryltdixonlaw.com (News Author)2904 — Mon, 25 Jun 2007 08:00:00 EST

Bus Crash Leaves One Dead And At Least 66 Injured View the news video here. BOWLING GREEN, Ky. (AP) - A bus crashed on Interstate 65 in southern Kentucky early today, killing one person and injuring 66 others. Director Randy Fathbruckner of emergency medical services at The Medical Center in Bowling Green says four of the injured are in critical condition. The crash happened about 3:20 a.m. CDT. Hours later, children's luggage could be seen scattered around the bus, which was crushed in the front against a concrete overpass abutment. Warren County Coroner Kevin Kirby pronounced one person dead at the scene near the 42 mile marker, about 75 miles north of Nashville. The injured were taken to various hospitals. Two adults and two children were flown to Vanderbilt Medical Center in Nashville. Fathbruckner described 52 of the injuries as urgent and ten as minor. The C-&-R Tours bus had been rented by a family returning to Alabama from a reunion in Buffalo, New York. ©2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Associated Press

Six Dead After Car Show Accident

blog@www.daryltdixonlaw.com (News Author)2876 — Wed, 20 Jun 2007 08:00:00 EST

Six Dead After Car Show Accident It began as an evening of fun times and fast cars all to help raise money for a good cause. But the 'Cars for Kids' event in Selmer, Tennessee abruptly ended in tragedy Saturday. It was a display of speed and power, all in the name of charity that went horribly wrong. A drag-racing car, performing a stunt designed to make its tires smoke went out of control and careened into a crowd of spectators saturday night in Selmer. Witness Kyley Jones says "probably around ten people laying on the ground, only a few of them moving, one in particular I saw was a real pretty girl, blonde-headed girl, who was kinda twisted up." At this point, six people have died from their injuries in the wreck, several others were injured. Witnesses say the force of the car's impact was devastating. One witness says "it took out bunches of people, sent them flying everywhere. There were just people all over the ground injured, there was a couple of them dead. It was just chaos." The accident happened at a 'Cars for Kids' charity event which was organized to raise money for injured children in need. Organizers closed the festival after the accident and issued a statement on the organizations web site saying the loss "is deep within our hearts and we will carry the scars of each loss forever." Now, an array of candles and flowers mark the site of tragedy, as investigators try to figure out exactly what caused it. You may view video footage here, and here. Copyright 2007 WPSD-TV, LLC

Follow up to Judge's 65 Million lawsuit over a lost pair of pants

blog@www.daryltdixonlaw.com (News Author)2871 — Tue, 19 Jun 2007 08:00:00 EST

Pants plaintiff: Customer always right By LUBNA TAKRURI Associated Press Writer WASHINGTON (AP) -- The customer is always right, said a judge who testified Wednesday in his $54 million lawsuit against a dry cleaner who lost his pants. Administrative law judge Roy L. Pearson argued that he is acting in the interest of all city residents against poor business practices. Attorneys for the dry cleaner call his claim "outlandish." The attorneys delivered closing arguments Wednesday, and Judge Judith Bartnoff said she would rule by the end of next week. Under cross-examination, Pearson said the District of Columbia Consumer Protection Act, under which he is suing Custom Cleaners, should grant a customer whatever he or she wants if there is a "Satisfaction Guaranteed" sign. Pearson, 57, originally sued Custom Cleaners for about $65 million by adding up violations under the act and almost $2 million in common law claims. He is no longer seeking damages related to the pants, focusing his claims on two signs in the shop that have since been removed. Bartnoff ruled Wednesday that the "Same Day Service" sign was no longer to be considered, leaving "Satisfaction Guaranteed" the only issue in question. Defense attorney Chris Manning asked Pearson repeatedly whether, if he was a merchant, he would pay any customer who asked for compensation. Pearson kept responding with convoluted legal language, and each time Judge Judith Bartnoff instructed him to answer the question. Finally, he said, "Yes." Pearson alleges that Jin Chung, Soo Chung and Ki Chung, owners of the small business, committed fraud and misled consumers because they put up the signs but did not meet the satisfaction of several customers, including him. Defense attorney Chris Manning portrayed Pearson as a bitter man with financial troubles stemming from a recent divorce who is taking out his anger on a hardworking family. Manning went into the details of Pearson's divorce on Wednesday. Under questioning, Pearson confirmed he had only $1,000 to $2,000 to his name when his problems with the dry cleaners started. Pearson said he did not have a job at the time and was collecting unemployment benefits. Pearson says his problems with Custom Cleaners began in May 2005 when he brought in several suits for alterations. A pair of pants from a blue and maroon suit was missing when he requested it two days later. The Chungs say they found the pants soon after and tried to give them to Pearson, but Pearson insists those are not his. The charcoal-gray, cuffed pants are now evidence. "I haven't worn pants with cuffs since the 1970s," Pearson said. He also submitted into evidence a photograph of every pair of pants in his home to show that he does not like pants with cuffs. Pearson said that he wants only $2 million in damages for himself - for his mental anguish and inconvenience - plus $500,000 in attorney's fees for representing himself. Anything more that Bartnoff might award him would go into a fund "to educate people of their rights under the Consumer Protection Act," he said. After closing arguments, Bartnoff said she was taking the issues in the case seriously. "I do think that this is a very important statute to protect to consumers, and I also think it's important that statutes like this are not misused," she said. The courtroom was standing-room only for both days of the trial, with many Korean and international media outlets covering the story. Check out video coverage here. © 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Woman Dies in ER Lobby as 911 Refuses to Help

blog@www.daryltdixonlaw.com (News Author)2840 — Wed, 13 Jun 2007 08:00:00 EST

Woman dies in ER lobby as 911 refuses to help Tapes show operators ignored pleas to send ambulance to L.A. hospital Be sure to check out the video here. LOS ANGELES - A woman who lay bleeding on the emergency room floor of a troubled inner-city hospital died after 911 dispatchers refused to contact paramedics or an ambulance to take her to another facility, newly released tapes of the emergency calls reveal. Edith Isabel Rodriguez, 43, died of a perforated bowel on May 9 at Martin Luther King Jr.-Harbor Hospital. Her death was ruled accidental by the Los Angeles County coroner's office. Relatives said Rodriguez was bleeding from the mouth and writhing in pain for 45 minutes while she was at a hospital waiting area. Experts have said she could have survived had she been treated early enough. County and state authorities are now investigating Rodriguez's death. Relatives reported she died as police were wheeling her out of the hospital after the officers they had asked to help Rodriguez arrested her instead on a parole violation. Sheriff's Department spokesman Duane Allen said Wednesday that the investigation is ongoing. In the recordings of two 911 calls that day, first obtained by the Los Angeles Times under a California Public Records Act request, callers pleaded for help for Rodriguez but were referred to hospital staff instead. "I'm in the emergency room. My wife is dying and the nurses don't want to help her out," Rodriguez's boyfriend, Jose Prado, is heard saying in Spanish through an interpreter on the tapes. "What's wrong with her?" a female dispatcher asked. "She's vomiting blood," Prado said. "OK, and why aren't they helping her?" the dispatcher asked. 'They're just watching her' "They're watching her there and they're not doing anything. They're just watching her," Prado said. The dispatcher told Prado to contact a doctor and then said paramedics wouldn't pick her up because she was already in a hospital. She later told him to contact county police officers at a security desk. A second 911 call was placed eight minutes later by a bystander who requested that an ambulance be sent to take Rodriguez to another hospital for care. "She's definitely sick and there's a guy that's ignoring her," the woman told a male dispatcher. During the call, the dispatcher argued with the woman over whether there really was an emergency. "I cannot do anything for you for the quality of the hospital. ... It is not an emergency. It is not an emergency ma'am," he said. "You're not here to see how they're treating her," the woman replied. The dispatcher refused to call paramedics and told the woman that she should contact hospital supervisors "and let them know" if she is unhappy. 'May God strike you too' "May God strike you too for acting the way you just acted," the woman said finally. "No, negative ma'am, you're the one," he said. The incident was the latest high-profile lapse at King-Harbor, formerly known as King/Drew. The Los Angeles County Board of Supervisors is investigating claims of recent patient care breakdowns, including Rodriguez's case. Federal inspectors last week said emergency room patients were in "immediate jeopardy" of harm or death, and King-Harbor was given 23 days to shape up or risk losing federal funding. 'Fundamentally a failure of caring' Dr. Bruce Chernof, director of the county Department of Health Services, which oversees the facility, has called Rodriguez's death "inexcusable" and said it was "important to understand that this was fundamentally a failure of caring." He has said conditions are improving, though. A call Wednesday seeking comment about the 911 tapes from the department's communications office, which handles information about the hospital, was not immediately returned. Dr. Roger Peeks, the chief medical officer at the hospital, was placed on "ordered absence" Monday, the Times reported. Health officials declined to elaborate, saying it was a personnel matter. Dr. Robert Splawn, chief medical officer for the health department, was named interim chief medical officer, the newspaper said. © 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

LA Hospital Death Under Investigation

blog@www.daryltdixonlaw.com (News Author)2839 — Wed, 13 Jun 2007 08:00:00 EST

LA hospital death under investigation May 15, 2007 LOS ANGELES --Relatives of a 43-year-old woman say hospital workers did nothing as she writhed in pain on the emergency room floor, and that officers who were asked to help arrested her on a parole violation instead. The woman became unresponsive as police carted her away in a wheelchair and died. County and state authorities are now investigating the May 8 death of Edith Isabel Rodriguez at Martin Luther King Jr.-Harbor Hospital, formerly called King/Drew, where several patients have died under questionable circumstances since 2003. Recent scandals have caused the hospital to lose its national accreditation and federal funding, close its trauma center and shut its programs to train aspiring physician specialists. Rodriguez had been prescribed pain medication for intense abdominal pain and released, but she remained on the benches outside the hospital, the Los Angeles Times reported Tuesday. Her boyfriend, Jose Prado, arrived later to find Rodriguez on the floor of the emergency room lobby writhing in pain, relatives said. He asked hospital staff for help, relatives said, then called 911 from a pay phone. Hospital video cameras captured some of the incident, the newspaper reported. "Nobody wanted to help him," said Rodriguez' sister, Marcela Sanchez. "When he tapped on the windows to tell the nurses that she needed help and that she was on the floor, they didn't want to pay attention to him." Prado said he told hospital security officers she needed help, but police instead took Rodriguez into custody after a computer search showed an outstanding arrest warrant for a parole violation. She became unresponsive as officers pushed her out of the hospital in a wheelchair, he said. The Los Angeles County Department of Health Services, which operates the hospital, said it was unable to immediately comment on the death. "It was an unexpected death ... We're waiting for the facts to be revealed," spokesman Michael Wilson said Tuesday. He said the videotape could not be made public because of patient privacy laws. Sheriff's Capt. Ray Peavy said sheriff's homicide detectives attended Rodriguez's autopsy over the weekend; as a matter of policy, the department investigates any in-custody death. The state Department of Health Services is also investigating. Craig Harvey, coroner's office chief of investigations, said the initial report to his agency said a woman walked into the emergency room, collapsed and died. Only days later did the coroner learn Rodriguez was in custody. Results from her autopsy were pending. The coroner's office described Rodriguez as a transient with a history of illicit drug use. Her family said she was trying to put her life together. In the days leading to her death, Rodriguez was treated several times for severe abdominal pain and released, the Times reported. © Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Having Problems Contacting an Insurance Company? Click here/

blog@www.daryltdixonlaw.com (News Author)2801 — Wed, 06 Jun 2007 08:00:00 EST

Insurance company contact numbers for every major insurer operating in North America.

Kentucky ATV deaths on rise despite safety efforts

blog@www.daryltdixonlaw.com (News Author)2787 — Sun, 03 Jun 2007 08:00:00 EST

The death of a 6-year-old Park Hills girl in an all-terrain vehicle accident over Memorial Day weekend is part of a disturbing rise in ATV-related fatalities in Kentucky. The spike in fatalities has made the state the leader in fatal ATV accidents despite stricter laws and calls for safer riding. For more information, follow the link below.

Traffic Accident Leads to Drug Arrest

blog@www.daryltdixonlaw.com (News Author)2786 — Sun, 03 Jun 2007 08:00:00 EST

Kentucky State Police have arrested a man after finding him walking away from a car crash. For more information, follow the link below.

Judge sues for 65 million over pants?

blog@www.daryltdixonlaw.com (News Author)2767 — Sat, 02 Jun 2007 08:00:00 EST

Judge: Cleaner owes me $65 million for pants 2 years of litigation x 1 pair of trousers = headaches for family business WASHINGTON - The Chungs, immigrants from South Korea, realized their American dream when they opened their dry-cleaning business seven years ago in the nation's capital. For the past two years, however, they've been dealing with the nightmare of litigation: a $65 million lawsuit over a pair of missing pants. Jin Nam Chung, Ki Chung and their son, Soo Chung, are so disheartened that they're considering moving back to Seoul, said their attorney, Chris Manning, who spoke on their behalf. They're out a lot of money, but more importantly, incredibly disenchanted with the system," Manning said. "This has destroyed their lives." The lawsuit was filed by a District of Columbia administrative hearings judge, Roy Pearson, who has been representing himself in the case. Pearson said he could not comment on the case. According to court documents, the problem began in May 2005 when Pearson became a judge and brought several suits for alteration to Custom Cleaners in Northeast Washington, a place he patronized regularly despite previous disagreements with the Chungs. A pair of pants from one suit was not ready when he requested it two days later, and was deemed to be missing. Pearson asked the cleaners for the full price of the suit: more than $1,000. But a week later, the Chungs said the pants had been found and refused to pay. That's when Pearson decided to sue. Three settlement offers Manning said the cleaners made three settlement offers to Pearson. First they offered $3,000, then $4,600, then $12,000. But Pearson wasn't satisfied and expanded his calculations beyond one pair of pants. Because Pearson no longer wanted to use his neighborhood dry cleaner, part of his lawsuit calls for $15,000 — the price to rent a car every weekend for 10 years to go to another business. "He's somehow purporting that he has a constitutional right to a dry cleaner within four blocks of his apartment," Manning said. But the bulk of the $65 million comes from Pearson's strict interpretation of D.C.'s consumer protection law, which fines violators $1,500 per violation, per day. According to court papers, Pearson added up 12 violations over 1,200 days, and then multiplied that by three defendants. Much of Pearson's case rests on two signs that Custom Cleaners once had on its walls: "Satisfaction Guaranteed" and "Same Day Service." Judge alleges fraud Based on Pearson's dissatisfaction and the delay in getting back the pants, he claims the signs amount to fraud. Pearson has appointed himself to represent all customers affected by such signs, though D.C. Superior Court Judge Neal Kravitz, who will hear the June 11 trial, has said that this is a case about one plaintiff, and one pair of pants. Sherman Joyce, president of the American Tort Association, has written a letter to the group of men who will decide this week whether to renew Pearson's 10-year appointment. Joyce is asking them to reconsider. Chief Administrative Judge Tyrone Butler had no comment regarding Pearson's reappointment. The association, which tries to police the kind of abusive lawsuits that hurt small businesses, also has offered to buy Pearson the suit of his choice. Support for the defendants And former National Labor Relations Board chief administrative law judge Melvin Welles wrote to The Washington Post to urge "any bar to which Mr. Pearson belongs to immediately disbar him and the District to remove him from his position as an administrative law judge." "There has been a significant groundswell of support for the Chungs," said Manning, adding that plans for a defense fund Web site are in the works. To the Chungs and their attorney, one of the most frustrating aspects of the case is their claim that Pearson's gray pants were found a week after Pearson dropped them off in 2005. They've been hanging in Manning's office for more than a year. Pearson claims in court documents that his pants had blue and red pinstripes. "They match his inseam measurements. The ticket on the pants match his receipt," Manning said. © 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Nursing Home Cited for Death

blog@www.daryltdixonlaw.com (News Author)2667 — Mon, 14 May 2007 08:00:00 EST

Nursing home cited for death Report: Resident was dehydrated By Peggy Kreimer Kentucky Post staff reporter The state has issued a second Type A citation to Baptist Convalescent Center in Newport after a resident who had become dehydrated at the nursing home died of renal failure on April 8, two days after being hospitalized. The citation, the most serious type the state employs, was issued April 26. It charges that Baptist Convalescent Center put the resident's life in immediate jeopardy when it failed to monitor fluid intake and failed to assure lab tests were conducted in March. According to the citation, the Baptist Convalescent Center's medical director admitted the facility "dropped the ball" in letting the resident become dehydrated. It was the second Type A citation this year for the nursing home. The first was issued on March 16, after a resident went four days without food or water because no one noticed that his feeding tube bottle needed changing. That incident prompted an investigation and a 220-page report of deficiencies that documented widespread problems with record keeping, training, assessments, monitoring, and resident care. The federal Centers for Medicare and Medicaid Services levied heavy fines on the center and threatened to cut off funding, standard procedure whenever residents are deemed in immediate jeopardy. A state survey team ruled in early April that the immediate jeopardy had abated, and the funding has continued as the nursing center works to correct the deficiencies. The April 26 citation says the resident's medical record showed no lab tests were done in March and that two staff members responsible for the testing said they did not realize that. The resident's lab tests were needed to adjust medication levels including Coumadin, a blood thinner. The resident was admitted to the hospital with Coumadin toxicity, as well as acute renal failure and gastrointestinal bleeding. Baptist CEO Robert Long said he plans to appeal the citation, but acknowledged that there were failures in the home's system of care. "Everybody was looking at the records and somehow this record somebody didn't look at," said Long. He said the nursing home wants to more closely review all factors that might have contributed to the death. "This individual died after a hospital stay. We don't know what all contributed to that," he said. The incident happened while state surveyors were in the nursing center determining whether the facility had corrected conditions that led to the first citation and had jeopardized the health and safety of residents. The survey team determined on April 5 that the nursing home had addressed any immediate jeopardy to residents. The next day the resident who later died was sent to the hospital. The federal deadline to abate jeopardy or lose funding was April 8. Acting State Inspector General Steve Davis said the latest citation and its accompanying inspection shows the problem was an isolated incident rather than something affecting large numbers of residents. "I have no question that the facility did remove their initial jeopardy. They changed their approach," Davis said. "This puts them right back in jeopardy but the good news, if there is any, is their allegation (plan) of corrections won't be widespread." To address the earlier citation, Long dismissed the nursing center's administrator, its nursing director, and other staff, brought in new people and revised procedures and policies. Davis said the problems outlined in the original 220 page report showed widespread system failures that resulted in serious problems for residents, including cases of dehydration, unnoticed and untreated bedsores, physicians' orders not being followed and physicians not being notified promptly of changes in residents' conditions. Baptist has not been accepting new residents while it works on correcting the deficiencies in the initial report. Long said he hopes to have those corrections complete and approved by the end of this month. The new declaration of jeopardy means he has until May 19 to show that residents are not in immediate danger, or face termination of funding. Davis said he plans to send the statement of deficiencies from the latest investigation to the nursing home today . "They've already started working on their allegation of correction to remove the jeopardy," Davis said. Lee Millman, a spokeswoman for the Centers for Medicare and Medicaid Services, said the federal office was alerted to the citation but had not received the inspection report. "We are waiting for information from the state," she said. "It will be reviewed and we will take appropriate enforcement measures." As a matter of procedure, the declaration of jeopardy triggers a 23-day termination path, setting a deadline for lifting the jeopardy. "This incident was narrow in focus and the deficiency report did not show widespread impact," Davis said. He said after the immediate jeopardy is lifted, the facility will have until Sept. 16 to show that all deficiencies in both inspection reports have been corrected. The state conducts regular surveys every 12 to 18 months and also investigates complaints. Each survey or investigation results in a report of deficiencies, outlining incidents where the care or procedures do not meet the state standards and regulations. Facilities must submit plans to correct each deficiency and state surveyors then check to make sure the plan of correction has been implemented. The state surveyors also report their findings to the Federal Centers for Medicare and Medicaid Services, which can impose fines and - in serious cases - terminate Medicare and Medicaid funding. In 2006, Lakeside Heights Nursing Center in Highland Heights closed after losing its Medicaid and Medicare funding.

Having Trouble Contacting an Insurance Company? Click Here

blog@www.daryltdixonlaw.com (News Author)2662 — Sat, 12 May 2007 08:00:00 EST

Insurance companies can be notoriously difficult to contact when you are trying to file a claim. We've compiled the claims numbers for every major insurer in the United States. For more information, follow the link below.

Police: DUI crash claims lives of twins

blog@www.daryltdixonlaw.com (News Author)2646 — Sat, 12 May 2007 08:00:00 EST

An Illinois man faces two murder charges after a horrible accident the morning after the Kentucky Derby. Brian Daviston is charged with killing twin Louisville brothers after he was driving the wrong way on the interstate -- police say he was drunk. Metro Police still don't know how Daviston got on Interstate 64 going the wrong way early Sunday morning, crashing into a car with twin brothers inside

"People Simply Die For Lack of Healthcare

blog@www.daryltdixonlaw.com (News Author)2644 — Sat, 12 May 2007 08:00:00 EST

Indiana Man Dies in Kentucky Boat Crash

blog@www.daryltdixonlaw.com (News Author)2559 — Sat, 28 Apr 2007 08:00:00 EST

Indiana boater dies after crash Lloy Burns of Evansville was practicing runs in his speedboat at Pisgah Bay on Kentucky Lake. Sunday, April 22, 2007 GRAND RIVERS, Ky. — An Indiana man died after the morning crash of a speedboat on Kentucky Lake's Pisgah Bay south of here Saturday. Witnesses said Lloy Burns, 68, of Evansville was practicing runs in an outboard engine-powered drag racing boat on the bay ringed by Land Between the Lakes shore when the craft went airborne at high speed. The boat reportedly flipped, came back to the surface and largely disintegrated from the impact with the water. At some point Burns, the driver and owner of the boat, was ejected and thrown into the water. Benton fisherman Danny York reportedly was the first to reach the injured driver, who was unconscious but kept afloat by life jacket. York pulled Burns aboard his bass boat and was joined by John Parks of Paducah, a Lone Oak police officer with emergency medical training. York and Parks reportedly brought Burns to shore at a nearby LBL lake access, where he was tended to before a Lyon County ambulance arrived. Kentucky Department of Fish and Wildlife Resources Conservation Officer Lee Cope, who investigated the lone boat accident, said the driver was taken by ambulance to an open area near the scene in the LBL and then flown to Deaconess Hospital in Evansville. A report from the hospital later indicated that Burns died, Cope said. The boat sank at the site of the accident. Source: Paducah Sun

Barlow Kentucky Man Dies in a Car/Scooter Wreck in Ballard County

blog@www.daryltdixonlaw.com (News Author)2558 — Sat, 28 Apr 2007 08:00:00 EST

Barlow scooter rider killed in collision Dave Piper was riding west on Oscar Road and was hit from behind by a car near Monroe Drive. Saturday, April 21, 2007 BARLOW, Ky. — A Barlow man was killed Thursday night when the electric scooter he was riding was hit by a car, authorities said. Ballard County Sheriff Todd Cooper said Dave Piper, 24, was killed when he and the scooter he was riding west on Oscar Road was hit from behind by a car near the intersection of Monroe Drive. Ballard County Coroner Bob Morrow pronounced Piper dead there at 8:43 p.m. (Obituary, 8A) Cooper, who did not have the report, said the driver of the car that struck the scooter and rider was a Benton woman who also was injured. No further information on her condition was available Friday night. She was cited for expired driver's license and vehicle registration, Cooper said. The Ballard County Sheriff's Department continues to investigate. Source: Paducah Sun

Kevil Kentucky Woman Dies in Crash in McCracken County

blog@www.daryltdixonlaw.com (News Author)2557 — Sat, 28 Apr 2007 08:00:00 EST

Kevil woman dies from injuries in McCracken wreck A Kevil woman died from injuries received in this wreck at Metropolis Lake Road and Ky. 3520 (Old Highway 60) in Future City on Monday. Tuesday, April 24, 2007 A 68-year-old Kevil resident died Monday in an auto accident in Future City, just west of Paducah. Treva Courter, driving a 1999 Chevrolet pickup, turned north out of the Food World parking lot onto Metropolis Lake Road and stopped at the intersection of Old Highway 60, also called Ky. 3520. This intersection has been a four-way stop for several years, the McCracken County Sheriff's Office said. Buster Perry, 63, of Paducah was driving east on Old Highway 60 in a 2003 Chevrolet Suburban toward the intersection of Metropolis Lake Road. Perry told Deputy Chad Shaw it had been some years since he had driven in the area, and he was unaware the intersection had changed to a four-way stop. Before the new U.S. 60 opened, only traffic on Metropolis Lake Road had to stop. Perry told the deputy he ran the stop sign and barely had time to brake before he hit Courter's vehicle in the driver's side. Courter was not wearing a seatbelt, according to bystanders who rendered aid. Perry was wearing a seatbelt and his airbag deployed. He suffered minor injuries and was taken to Western Baptist Hospital. No charges had been filed. The sheriff's office and Coroner Dan Sims continue to investigate. Source: Paducah Sun

Marshall County Nursing Home Plans Changes

blog@www.daryltdixonlaw.com (News Author)2554 — Fri, 27 Apr 2007 08:00:00 EST

Jones: Nursing home plans corrections Administrator says Calvert facility expects to keep Medicare, Medicaid funding in wake of resident's death. Friday, April 27, 2007 CALVERT CITY, Ky. — Calvert City Convalescent Center has received tentative regulatory approval for a compliance plan that would keep it from losing Medicare and Medicaid funding because of the March 15 accidental death of an elderly resident, Administrator Lynn Jones says. "We have provided a plan of corrective action and received verbal acceptance from the state today," he said Thursday afternoon. Jones said Kentucky Cabinet for Health and Family Services investigators will follow up with written confirmation before making an unannounced inspection to substantiate the changes. Cabinet spokeswoman Janis Stewart had no information on the status of compliance, but did say the nursing home was required to immediately respond because of the seriousness of the citation. Jones said the compliance plan was submitted the same day the nursing home received a statement of deficiencies. An April 13 citation said the woman — whose name was deleted because of federal privacy laws — was found dead sitting on the floor with her head wedged between the siderail and mattress of her bed. It said the nursing home's failure to guard against the accident placed the woman "in imminent danger and substantial risk of death." It also said the facility did not ensure that each resident received "the highest practicable physical, mental and psychosocial well-being." Jones said changes have been made in policies, procedures and documentation as a result of the citation but declined to specify them. He also said "appropriate" action has been taken against some employees involved, but he would not elaborate. According to the citation, a nurse's aide found the woman dead at 11:05 p.m. and immediately sought help from nurses. However, a registered nurse notified the nursing home doctor by fax instead of calling him. A licensed practical nurse warned of not saying anything because it would get the staff into trouble. "The policy and procedure has always been to contact the doctor verbally and in person, but that wasn't followed, and for us that's a serious issue," Jones said. "We don't like the fact that it wasn't followed. That's a part of good care." The registered nurse told investigators she didn't tell Jones or the director of nursing until the next morning "because she did not want to wake them up," the citation said. Jones said he should have been called that night. "I'm in this facility at all hours. I live two blocks away. I don't mind being awakened." The citation said Jones told inspectors that he followed up the next day and "found no need to contact any outside agencies, coroner or police." During an interview, Jones said he believes he acted appropriately "given the information I had that day at that time and the next couple of days." Investigators said the patient "was at risk for the use of siderails due to involuntary movement of her lower extremeties, use of an air mattress and elevation of the head of her bed at 30 to 45 degrees." She also was known to slide down in her bed. Jones said the upper part of her bed was inclined to help her breathe. "When you wiggle in bed you do slide down," he said. "That evening staff were in to see her on the hour, repeatedly checking on her to be sure she was OK. She wasn't ignored." Jones said the death deeply hurt the staff and is regrettable. "We've been here 35 years and have provided quality care for residents. These people are in our hearts, and we love to take care of them," he said. "Anytime we have someone die, it hurts us all because they're a part of our family." The federal Centers for Medicare and Medicaid Services, which reimburse nursing homes for qualifying elderly and/or low-income residents, gave notice Wednesday that payments to the Calvert City center will stop May 3. Spokeswoman Lee Milman said the termination could be lifted if the deficiencies are corrected. If not, the federal government will provide relocation funds for another 30 days. "We never intended not to have Medicare-Medicaid reimbursements," Jones said. "Our goal always is to comply with the regulations, and if we're out of compliance we're going to fix the problem." He said the nursing home is reimbursed for 70 to 75 percent of its 95 residents. Source: Paducah Sun

Marshall County Kentucky Nursing Home Faces Wrongful Death Suit

blog@www.daryltdixonlaw.com (News Author)2552 — Thu, 26 Apr 2007 08:00:00 EST

Marshall nursing home cited in death The Calvert City facility was cited for failing to guard against the March accident and did not ensure the resident received the highest 'practicable' well-being. Western Ky. Nursing Home cited after death Thursday, April 26, 2007 CALVERT CITY, Ky. — Calvert City Convalescent Center could lose its Medicare and Medicaid funding because an elderly resident was found dead March 15 sitting on the floor with her head wedged between the siderail and mattress of her bed. An April 13 citation from the Kentucky Division of Health Care Facilities and Services' Western Enforcement Branch says failure to guard against the accident placed the woman "in imminent danger and substantial risk of death." It also says the facility did not ensure that each resident received "the highest practicable physical, mental and psychosocial well-being." Cabinet spokeswoman Janis Stewart said Wednesday that a nursing home has 10 days after being cited to provide a corrective plan. If the plan is accepted, inspectors make an unannounced visit to see that the corrections have been made. If not, the nursing home is asked to resubmit the plan. Stewart said she was not immediately aware if the nursing home had addressed the problems cited. Repeated attempts to reach nursing home Administrator Lynn Jones by phone Wednesday were unsuccessful. Cabinet investigators work in concert with the federal Centers for Medicare and Medicaid Services' Atlanta office, which reimburses Kentucky nursing homes for qualifying elderly and/or low-income residents. Jones has said previously that 85 percent of the revenue of his nonprofit nursing home came from Medicare and Medicaid. The federal agency gave notice Wednesday that payments to the Calvert City center will stop May 3. Spokeswoman Lee Milman said the termination could be lifted if the deficiencies are corrected. If not, the federal government will provide relocation funds for another 30 days. Civil penalties for each day's violation also are possible, Milman said. According to the citation, a nurse's aide found the woman dead at 11:05 p.m. and immediately sought help from nurses. However, a registered nurse notified the nursing home doctor by fax instead of calling him. She didn't tell Jones or the director of nursing until the next morning "because she did not want to wake them up," according to her statement to state investigators. She further admitted forgetting "to enter pertinent information in the record." The citation also says: The woman "was at risk for the use of siderails due to involuntary movement of her lower extremeties, use of an air mattress and elevation of the head of her bed at 30 to 45 degrees." She also was known to slide down in her bed. Her head was hyperextended and her chin was draped over the middle rung of the rail, causing the aide to have to forcibly remove it. A Feb. 19 assessment — less than a month before her death — indicated the patient had impaired cognitive skills and memory, was at high risk of falls and required staff help to move in bed. On March 8, after the woman was readmitted to the nursing home after a hospital stay, the center assessed "the benefits and risks" of using siderails. But the investigation revealed the nursing home "failed to thoroughly review all known risk factors." The aide, RN and a licensed practical nurse all told investigators that a second LPN warned them not to mention the incident because they might get into trouble. The unidentified nursing home physician said he was never personally notified of the death by a staffer. Had he been called that night, he would have been obligated to call the coroner, he said. Coroner Mitchell Lee said Wednesday that he was not consulted about the death and didn't know the woman's name. Jones told investigators that he investigated "and found no need to contact any outside agencies, coroner or police." He said the nursing home had no policy on when staff should alert the coroner. The woman's name was deleted from the citation because of federal privacy laws, Stewart said. Source: Paducah Sun

Student to Change Plea in DUI Death of School Mate

blog@www.daryltdixonlaw.com (News Author)2551 — Thu, 26 Apr 2007 08:00:00 EST

Lawmaker's Son Sentenced in Drunk Driving Accident

blog@www.daryltdixonlaw.com (News Author)2550 — Thu, 26 Apr 2007 08:00:00 EST

MURRAY, Ky. (AP) -- The son of a state lawmaker convicted of killing a 62-year-old pedestrian while driving drunk in 2005 was sentenced Monday to 20 years in prison. Harrison Yonts—whose father, Brent Yonts, is a state representative from western Kentucky—will have to serve 17 years before he is eligible for parole, according to state law.

Gubernatorial Candidate Henry Sued for Medical Malpractice

blog@www.daryltdixonlaw.com (News Author)2549 — Wed, 25 Apr 2007 08:00:00 EST

FRANKFORT --A 22-year-old woman is alleging in a lawsuit that she had to receive a new hip after surgeons, including Democratic candidate for governor Steve Henry, damaged the bone during an operation and failed to check X-rays later that would have revealed their mistake. Amie Fuchs, of Finchville in Shelby County, filed a medical malpractice lawsuit against Henry, an orthopedic surgeon, and two other surgeons, the University of Louisville Medical School Practice Association and University Orthopaedic Associates Inc. in Jefferson Circuit Court. For more information, follow the link below.

Defects found in 170 CSX rail cars

blog@www.daryltdixonlaw.com (News Author)2354 — Thu, 08 Mar 2007 08:00:00 EST

The Federal Railroad Administration found defects in about 170 CSX railroad cars at the company's Baldwin Yard in Jacksonville during a focused inspection that began last week. The cars, many of which are used to carry phosphate from the Bone Valley mining area near Tampa, were pulled from service to be fixed, disrupting shipments over the past few days, according to some local customers. For more information, follow the link below.

Patient Safety System Tracks Hospital Errors in Attempt to Avoid Medical Malpractice

blog@www.daryltdixonlaw.com (News Author)2350 — Thu, 08 Mar 2007 08:00:00 EST

Wednesday, March 7, 2007 Medical facilities list 77 errors Bedsores reported most frequently By Lesley Stedman Weidenbener INDIANAPOLIS -- Gov. Mitch Daniels urged Hoosiers yesterday not to punish the 41 Indiana hospitals and surgical centers that reported serious medical errors or incidents in 2006. The 77 problems were reported under a new system designed to track such mistakes and improve patient safety. The list was released by the state Department of Health. Four incidents were reported by facilities in Jeffersonville, New Albany and Madison. The preliminary findings were "not for purposes of recrimination or punishment, but for purposes of improvement and saving the lives or the quality of life of patients," Daniels said. In fact, he said, the hospitals that acknowledged mistakes "are probably the safest" because they are paying close attention and "trying to get it right every time." "We have it within our powers, by avoiding sometimes the simplest kinds of mistakes more often, to improve patient care and even save lives," Daniels said. The state report reflects only significant errors -- those that caused deaths or serious injuries or involved serious medical mistakes, such as surgery on the wrong body part. It was based on 27 standards established by the National Quality Forum, a nonprofit health-industry organization. Hospitals reported 72 errors, and surgical centers reported five. Abortion clinics and birthing centers did not report any errors. Statewide, the most reported errors involved bedsores. Hospitals reported 23 instances of serious bedsores -- called pressure ulcers -- that developed after a patient was admitted. That represented one problem per 160,000 hospital admissions, the state report said. The second most reported event was foreign objects left in a patient after surgery. That occurred 21 times, or about one in 81,000 procedures. State Health Commissioner Judith Monroe said the numbers are too small to be representative of the care at any individual facility and urged the public to be careful in interpreting the data. Local incidents The state report included the following information: Clark Memorial Hospital in Jeffersonville reported one sexual assault on a patient. Hospital officials said yesterday that the incident involved a patient accusing another patient. Police investigated but did not file charges, said hospital President Martin Padgett. The Southern Indiana Rehabilitation Hospital in New Albany reported one case of a death or serious disability associated with misuse or malfunction of a device. The hospital investigated and subsequently stopped using a clip associated with the device, said a spokeswoman for Jewish Hospital & St. Mary's HealthCare, which operates the rehabilitation center. King's Daughters Hospital and Health Center in Madison reported two errors. One was associated with a fatal fall, and the other involved a foreign object left in a patient. The hospital did not provide additional information about the fall but said administrators completed a review of the incident and put new fall-prevention guidelines in place. The latter event occurred during the removal of a patient's feeding tube, said Dave Ommen, public relations specialist for King's Daughters. According to the hospital, the accepted practice is to cut the tube just above the surface of the skin and remove the outside tubing. Then, a doctor uses an endoscope to remove the internal portion. In this case, however, the physician could not find the internal portion. That happens occasionally due to normal movement of a patient's digestive system, the hospital said. Normally, a patient would pass the remaining tube, and the physician in this case decided to let that occur. But the tube did not pass and caused an obstructed bowel, the hospital said, so a doctor surgically removed the piece. "There were no lasting effects," Ommen said. Hospital officials debated about whether the incident needed to be reported under the rules, he said, but ultimately decided to do so in the interest of public safety and improvement. "It is part of our commitment to maintaining high quality and improving quality," Ommen said. Padgett, Clark Memorial's president, commended the state for what he called "proactive" steps to improve patient safety. "It's not to blame somebody. It's to improve into the future," he said. "We're all human. No one want to make a mistake, but every time we do something we need to learn something from it." Sharing information Kenneth Stella, president of the Indiana Hospital and Health Association, said the reporting is valuable because it forces facilities to look beyond their walls and see the larger safety issues facing the industry. "The more that hospitals can share, the more the hospitals can communicate with each other, the more environments we can put our members in to do that sharing, we believe that care in Indiana will do nothing but improve," he said. The reporting will be done annually, and state health officials warned yesterday that the numbers are likely to rise as hospitals adjust to the requirements. In Minnesota, the only state with a reporting system based on the National Quality Forum's standards, hospitals reported 99 errors the first year, 106 the second and 154 last year. "We know we only caught a fraction of the mistakes that happened," Daniels said of the first Indiana report. "But again, the patterns already are emerging and I don't doubt there will be fewer pressure ulcers and fewer surgical mishaps in the future because of the sunshine that was shone on those problems." Source: Louisville Courier Journal

Kentucky Hazmat Spills Posed 'Significant Risk'

blog@www.daryltdixonlaw.com (News Author)2338 — Fri, 02 Mar 2007 08:00:00 EST

LEXINGTON, Ky. - Kentucky got very, very lucky last month: Two train wrecks in two days spewed hazardous materials into the air and water, causing evacuations but few injuries. Still, experts say, the wrecks should bring more awareness to a potentially dangerous problem that rolls through most communities in Kentucky. For more information, follow the link below.

CSX hit with 3 accidents already this year

blog@www.daryltdixonlaw.com (News Author)2337 — Fri, 02 Mar 2007 08:00:00 EST

Anna Garcia was drifting off to sleep when she heard the train. It began with the usual noises, noises she was used to: Living just a couple dozen yards from the railroad tracks, Garcia often fell asleep to the sound of chugging locomotives and rumbling wheels. For more information, follow the link below.

Kentucky Lacks Adequate Facilites for Medical Trauma

blog@www.daryltdixonlaw.com (News Author)2336 — Fri, 02 Mar 2007 08:00:00 EST

Since Kentucky only has three centers that are capable of treating traumatic injuries, surviving such an injury is increasingly becoming a matter of geography. For more information, follow the link below.

Barge Leak Questions Still Unanswered

blog@www.daryltdixonlaw.com (News Author)2313 — Thu, 01 Mar 2007 08:00:00 EST

Barge Leak Questions Still Unanswered Last Update: Mar 1, 2007 6:42 PM Anna Prendergast, NewsChannel 6 A barge that leaked thousands of gallons of a toxic chemical after getting hung up on part of the lock near Brookport has been moved to a safer position down river. Threats of severe weather slowed down clean-up efforts today on the Ohio River. The coast guard continued to monitor the air around Massac County, Illinois. New numbers have been released on how much of the toxic chemical Cumene leaked into the Ohio River. The number now stands at 10-thousand gallons. The coast guard says all of the air monitoring results from today came back normal. There's still an important question of how did the barge end up on the lock and could pilot error be the reason? The bill for the chemical leak clean-up will be paid by the owner of the barge- Kirby Inland Marine. Kirby Marine is one of the largest chemical carriers on the waterways. How the barge that was carrying close to 1 million gallons of Cumene ended up on the lock is being investigated. The barge was traveling off path, too close to the submerged lock. Other questions have now been raised, about the experience of the captain behind the wheel. Kirby Corporation won't release the captains name or experience level. Three tugboat captains who work for different barge companies contacted us concerned that an on-going shortage of seasoned vessel operators, forcing companies to send out green pilots may be to blame. A recent coast guard survey says the most common cause of barge accidents is operator negligence. Kirby Corporation isn't saying much-but the senior vice president says his company has the best safety record in the business. NewsChannel 6 is checking into Kirby's safety record and has filed a formal request. It will take a few days to get that information. Copyright 2007 WPSD-TV, LLC

10.4 Million verdict in U-Haul Accident

blog@www.daryltdixonlaw.com (News Author)2308 — Thu, 01 Mar 2007 08:00:00 EST

$10.4 million awarded in crash U-Haul to appeal Louisville verdict By Jim Adams jadams@courier-journal.com The Courier-Journal Christopher and Corry Burke and their infant son, Ryan, were driving through Kentucky in 2002 on their way from their old life in Indianapolis to a new life in Florida, when life as they knew it came to a sudden, horrible end. The car they were towing with their Ford Explorer began to fishtail. Then the combination of cars jackknifed, and bounced into and over a guardrail -- injuring all three; Corry Burke, then 25, most seriously so, with a crushing injury to her lower spine. Today, she is a paraplegic. Now a jury in U.S. District Court in Louisville has said that a substantial cause of that accident was a U-Haul towing device, known as a tow dolly, that the Burkes had rented in Indianapolis. The jury awarded the Burkes $10.4 million. Christopher Burke, a 54-year-old JetBlue pilot, reached by phone at his home in Hobe Sound, Fla., declined to discuss details of the accident and the case, but did say that "it's been a long 41/2 years of pain, struggle and horror. ... "Life before (such an accident) is when you have unlimited possibilities, that you can achieve your dreams ... to the extent of your imagination and drive to accomplish. After that day, your life is a life of limitations, daily frustration and pain," he said. U-Haul International Inc., in a statement, and its Louisville lawyer, Charles S. Cassis, defended the safety of the dolly, which has undergone no changes in its design or use because of the case. "It was state of the art, and it was our position that it was properly designed, manufactured and sold," and "absolutely" remains a safe product, Cassis said. The company's statement said it "will vigorously defend this case through the appeals process." Christopher Burke was driving the family's 1993 Explorer on Oct. 29, 2002, pulling their 1999 Ford Contour with its front wheels on the 650-pound dolly, when he lost control on a hill on southbound Interstate 65 just north of Elizabethtown. The Burkes claimed that that towing combination was unsafe in part because U-Haul rental policy permits the vehicle doing the towing to tow too heavy a vehicle, said one of the Burkes' lawyers, Peter Perlman of Lexington. In addition, he said, such dollies are unsafe when used by sport utility vehicles, because of SUVs' "high center of gravity and narrow wheel base." Another defendant, Ford Motor Co., and the Burkes reached a confidential settlement shortly before trial, Perlman said. Court records say that the plaintiffs attempted to introduce testimony from 11 people who had been in other accidents involving the dollies. But U.S. District Judge John Heyburn did not allow it, saying: "A handful of accidents involving similar tow dollies does not necessarily indicate any unreasonably dangerous condition at all given how many dollies are rented each year." He said the number of rentals was in the "thousands" during the 10 years in which those wrecks occurred. The trial lasted two weeks; the nine-member jury deliberated for two days before finding for the Burkes on Feb. 13. The jury unanimously found that U-Haul failed to exercise ordinary care in the design and distribution of the tow dolly the Burkes were using, that the dolly was "defective and unreasonably dangerous," and that each failure was a "substantial factor" in the accident. The jury awarded Corry Burke, now 29, more than $9.4 million for past and future medical expenses, loss of earning capacity and pain and suffering. Christopher Burke received $1.6 million for loss of companionship with his wife. However, those amounts were reduced by 10 percent, to about $9.9 million, because the jury apportioned 10 percent of the fault to the Burkes. It found that she either failed to exercise ordinary care or her husband failed to ensure that she was wearing a seat belt. Court documents show that a state trooper said that Christopher Burke told him several hours after the accident that Corry Burke had "taken her seat belt off and was turned around in her seat tending to the baby" at the time of the accident. Perlman, the Lexington attorney, said Ryan Burke was in a rear-facing car seat and suffered a fractured skull. The jury awarded the child, who is now 4 years old, $510,739.27 for medical expenses and pain and suffering. That amount was not reduced by 10 percent, Perlman said. There were no indications that any questions arose during the trial about any government regulations concerning towing. While U-Haul described itself as "very disappointed with this verdict," Christopher Burke said, "It's because of the jury system, that nine ordinary people can see through what goes on, to give some justice to injured people." Read the library article: http://www.daryltdixonlaw.com/library/104-million-verdict.cfm

Victims' families express anger at Noel sentencing

blog@www.daryltdixonlaw.com (News Author)2254 — Sun, 25 Feb 2007 08:00:00 EST

Victims' families express anger at Noel sentencing Man receives 15 years in prison for deaths By Matt Sanders Thursday, February 22, 2007 Despite staunch opposition to a plea agreement from relatives of the two victims, Joshua Noel was sentenced to 15 years in prison Wednesday on manslaughter charges stemming from a Livingston County head-on collision in 2005. Before the sentencing, relatives of Stephanie P. Kirk of Tiline and Jessica L. Wilcox of Smithland, who were killed on Oct. 28, 2005, were allowed to address Noel. But some of their anger was focused on the prosecutor. Larry Kirk of Tiline, Kirk's husband, expressed his disgust at Livingston Commonwealth Attorney G.L. Ovey for not taking the case to trial. Kirk spoke to Ovey before making his remarks to Noel. Since the crash, Kirk and his family have steadfastly opposed any plea agreement and wanted a trial, which would have begun today if the plea deal had not been reached Monday. "Ovey, you have acted as judge and jury in this case. We were led to believe there was going to be a trial. Why have you lied to us?" Kirk said. "You told us that you would not accept a plea agreement. "I will be tireless in my efforts to use every venue I can to denigrate you." Ovey kept his response brief, and told Kirk that no one lied to him or his family. "I am not going to argue with a man who is suffering," Ovey said. Earlier this week, Ovey said he was concerned that a trial could have resulted in less punishment for Noel than what was in the plea agreement. "We cannot achieve anything any greater by going to a jury trial," Ovey said earlier this week. "In fact, the chances are fairly certain we would get much less." As the hearing adjourned, Barbara Peek of Tiline — Stephanie Kirk's mother — walked toward the prosecutor's table and shouted at Ovey. "This is an absolute disgrace," Peek said. "This isn't to be the last that we have to say." On the night of the collision, Noel was driving his pickup truck east on U.S. 60 when he crossed the double yellow line and attempted to pass another car, state police said. His truck hit Kirk's oncoming sport-utility vehicle. Noel had been indicted on two counts of wanton murder by a Livingston County grand jury in December 2005. A wanton murder conviction carries up to a life sentence, with parole not possible until 85 percent of the sentence is served. As part of the plea agreement, Noel pleaded guilty to two counts of the lesser charge of second-degree manslaughter, and was sentenced to 7 1/2 years on each count, to run consecutively, for a 15-year sentence. Manslaughter carries a sentence of up to 20 years with parole eligibility after four years. The plea agreement was heard in McCracken Circuit Court, the venue of special Judge Jeff Hines. After speaking to Ovey, Kirk turned toward Noel, who was handcuffed and seated in a jail-issued orange outfit next to his attorney, Doug Moore. "Noel, what were you thinking? Did you not care about the life of your girlfriend?" Kirk asked in an assertive tone. "My wife was a kind, compassionate person and you've taken that away." Noel did not address the families, on advice of attorney Doug Moore. Noel answered several questions from Hines, but did not speak during the rest of the hearing. "I knew it would be a volatile situation and my advice was for him to stay quiet," Moore said. Valerie Farris of Smithland, Wilcox's mother, wore a badge on her chest with her daughter's photograph. She spoke in a soft tone and fought back tears in addressing Noel. "I hate that this is man's law and not God's law," Farris said. "What you got was not right." After the hearing, Farris corrected previous reports and said her daughter knew Noel for only two days and was not his girlfriend. "It's just not right what he got, but he'll get his in the end," Farris said. Outside the courtroom, Kirk described the last 1 1/2 years as an emotional rollercoaster for his family. "This is not justice for my wife. I'm trying to make some sense of this," Kirk said. View the library article at : http://www.daryltdixonlaw.com/library/wrongful-death-claim.cfm

"24 Million Dollar Verdict in Defective Seatbelt Case"

blog@www.daryltdixonlaw.com (News Author)2248 — Fri, 23 Feb 2007 08:00:00 EST

Honeywell loses seat belt verdict A federal jury in Texas awards $24 million to the family of a teen who was killed in a crash. From Bloomberg News February 20, 2007 Honeywell International Inc. was ordered by a Texas jury to pay $24 million to the family of an 18-year-old woman who was killed in a sport utility vehicle rollover accident. The family of Lauren Frazier claimed she was killed when a seat belt manufactured by Honeywell failed. Frazier was ejected from a Chevrolet Tahoe she was riding in when it rolled over. She died at the scene, said her family's attorney, Todd Tracy, who argued the seat belt's buckle unlatched on its own. "Honeywell knew since 1989, by doing testing, that it was unlatching and they didn't do anything to prevent it," Tracy said of the seat belt. The U.S. District Court jury in Marshall, Texas, awarded Frazier's family $24 million in actual damages Thursday, three days after the trial began. The lawsuit, resulting in a rare victory at trial for plaintiffs in such cases, is one of several hundred against automakers and seat belt manufacturers claiming inertial unlatching of seat belts. The verdict may lead to more settlements, said auto safety advocate Sean Kane. "It's something plaintiffs will point to in discussions," said Kane, of Safety Research & Strategies Inc. in Rehoboth, Mass. "Any time you get a large verdict, it raises more eyebrows." A Honeywell spokeswoman said the Morris Township, N.J.-based company would appeal. "There was no credible evidence presented that the seat belt was defective or that it failed at the time of the accident," said spokeswoman Victoria Streitfeld. "Insurance will fully cover the verdict if we are not successful on appeal." Honeywell said at trial that Frazier wasn't wearing her seat belt, Tracy said. Frazier was a passenger in the Chevy Tahoe in August 2004 in Longview, Texas, when another vehicle turned into its path. Frazier was wearing her seat belt when she was ejected from the vehicle, Tracy argued. "There was medical evidence of this," including bruises on her shoulder from the belt, caused before it failed, he said. "There was a lot of physical evidence as well," including pulled fibers from the belt, the lawyer added. The Fraziers didn't sue General Motors Corp., maker of the Tahoe, because the seat belt was designed by Honeywell, Tracy said. Honeywell, the world's largest maker of airplane controls, also makes automobile parts, including seat belts.

"Plea Deal Reached Just Before the Trial Over the Head-On Collision That Killed Livingston County Teacher Stephanie Kirk"

blog@www.daryltdixonlaw.com (News Author)2238 — Wed, 21 Feb 2007 08:00:00 EST

Plea deal angers family of Livingston victim Murder trial was to begin today in '05 Kirk death Wednesday, February 21, 2007 TILINE, Ky. — Relatives of Livingston Central High School teacher Stephanie P. Kirk want justice for her death in a head-on collision in 2005. They don't see justice in a plea agreement reached — two days before his trial was to start — with the driver charged in the crash. The agreement, to be heard today in McCracken Circuit Court, has left Kirk's family heartbroken and angry that their day in court won't be with a trial. "I am absolutely flabbergasted. We are adamantly opposed to any deal," said Kirk's husband, Larry. "We were led to believe that from the start this was going to trial. We want our chance in court. "We're not hard people, but this has been so devastating on our family." Livingston Commonwealth Attorney G.L. Ovey confirmed that Joshua Noel's attorney had made a plea offer that he accepted, but Ovey declined to discuss the details. Noel's girlfriend and passenger, Jessica L. Wilcox of Smithland, also was killed in the crash. Both Stephanie Kirk and Wilcox died at the scene. Larry Kirk said Ovey told him on Monday that a plea agreement of 14 years on a lesser charge of second-degree manslaughter had been offered, but the prosecutor wanted to push for 15 years. Larry Kirk told Ovey not to accept any deal, and did not hear back from Ovey on whether 15 years was the final agreement. Noel had been indicted on two counts of wanton murder — which carries up to a life sentence — by a Livingston County grand jury in December 2005. Manslaughter carries a sentence of up to 20 years with parole eligibility after four years. Parole is not possible on a wanton murder conviction until 85 percent of the sentence is served. "Based upon my experience, we cannot achieve anything any greater by going to a jury trial," Ovey said. "In fact, the chances are fairly certain we would get much less. "I listened to the victims, but they do not control the process. It is my responsibility to represent all the people in my circuit, even though this family is the one that's grieving. I will not be a party to a jury trial when I think that the verdict will be much less than the agreement." Larry Kirk said he was devastated when he heard about the last-minute plea offer. A 15-year sentence is too little a price to pay for her mother's life, Rachel Gavin said. Kirk's son, Drew, said the family met with Ovey two weeks ago and the prosecutor said he would not accept a plea agreement without the family's blessing. "G.L. kept saying he had a strong case, and then he changed to, 'We're lucky if we get 15 years,'" Gavin said. "Whatever small amount of justice we hoped to get through a trial is now gone. (Noel) made choices with what he did, and we were left with nothing. "The grand jury returned two counts of wanton murder and he should be tried for that. I do not want him to see his 20s as a free man." Noel was 23 at the time of the crash and has been in jail since his indictment. With time served, a 15-year manslaughter sentence could make Noel eligible for parole in less than two years. Stephanie Kirk's mother, Barbara Peek, said she was disappointed that the legal system let down her family. Her late husband, Richard Peek Sr., was an attorney and served as county attorney and later as commonwealth attorney. Peek's three sons also are attorneys. "We were due a trial. The county was due a trial," Peek said. "Losing her was so unnecessary." Larry Kirk said the family repeatedly told Ovey that they wanted a trial even with the risk of lesser charges. "I told (Ovey) to do your best and the rest would be on us," Larry Kirk said. "We want the wanton murder charge. We have always wanted this to go to trial, but things just went downhill." The case has had four continuances and Larry Kirk is dissatisfied with the lack of communication from Ovey. Kirk plans to file a complaint against Ovey with the Kentucky Bar Association, which he planned to do even if the case had gone to trial. "Some things happened that couldn't be helped, but there were four continuances, and we had to call G.L. if we wanted to learn anything about the case," Larry Kirk said. Last February, Ovey had back surgery, which delayed the proceedings. In May, a change of venue was granted to neighboring Lyon County because of Stephanie Kirk's popularity in Livingston County. The case was to go to trial in November, but Ovey told Larry Kirk that he was not prepared for trial. Assistant Commonwealth Attorney Russell Johnson's death in January postponed a second trial date. Although the case was transferred to Lyon Circuit Court, the plea agreement will be heard in McCracken Circuit Court, the venue of special Judge Jeff Hines. Stephanie Kirk had been a teacher for 21 years, serving several different grades and as the writing resource coordinator for Livingston schools. To honor her mother, Gavin became a teacher. Gavin was offered her mother's position, but decided to teach English at Crittenden County High School. "She loved children and she loved to help people," Peek said of Kirk. "That's why she became a teacher." When she was killed, Stephanie Kirk was coming home from the beauty parlor. She had just called her husband, who had cooked dinner, to say she was late. Being late was not unusual for Stephanie Kirk because she loved talking with people, which always had her running behind. Through tears and anger, her family managed to laugh about memories of not wanting to go to the store with her because her friendliness made quick trips impossible. It was a 20-minute drive home from the beauty parlor and when she had not arrived an hour later, Larry Kirk got in his truck to look for her. He was the first at the crash, near the intersection of U.S. 60 and Ky. 137, River Road, and called for help. Kentucky State Police said Noel was driving his pickup truck east on U.S. 60 around 7:20 p.m. when he crossed the double yellow line and attempted to pass another car. His truck hit Kirk's oncoming sport-utility vehicle. Stephanie Kirk's service was so large that mourners spilled out into the parking lot of the funeral home. "There were fourth-graders and 12th-graders who said the same thing: 'She was my favorite teacher,'" Gavin said. Source: Paducah Sun

"Rollover Accident Claims Life in Western Kentucky"

blog@www.daryltdixonlaw.com (News Author)2232 — Tue, 20 Feb 2007 08:00:00 EST

Eddyville man dies from wreck injuries Shawn J. Hayden died Sunday after Saturday's wreck on Ky. 93. AP State Headlines Tuesday, February 20, 2007 EDDYVILLE, Ky. — Shawn J. Hayden, 26, of Eddyville died Sunday at Western Baptist Hospital from injuries he received in an one-car accident on Ky. 93 near here, according to Kentucky State Police. Hayden was driving a 1997 Honda Civic south on Ky. 93 at Eddy Creek around 4 p.m. Saturday when the car ran off the right side of the road. Hayden overcorrected to the left, which caused the car to rotate and turn over twice before landing on its roof, police said. Hayden, who was wearing a seat belt, received multiple injuries and was taken to Caldwell County Hospital before being transferred to Western Baptist Hospital. He was pronounced dead at 9:25 a.m. Sunday by the McCracken County Coroner's office, police said. Source: Paducah Sun

"Western Kentucky Car Wreck Claims the Life of a Livingston County Man"

blog@www.daryltdixonlaw.com (News Author)2231 — Tue, 20 Feb 2007 08:00:00 EST

Livingston man dies in 2-car wreck AP State Headlines Tuesday, February 20, 2007 SMITHLAND, Ky. — Christopher J. Copeland, 30, of Ledbetter was killed Monday morning in a two-car wreck on Ky. 453, four miles south of here, according to Kentucky State Police. Copeland was driving a 1994 Ford Escort south on Ky. 453 around 7:28 a.m. when he topped a hill and entered a curve in the opposing lane, police said. Lindsey R. Manker, 17, of Grand Rivers was driving a 2006 Pontiac G6 north on Ky. 453 when she saw Copeland's car in her lane and attempted to avoid it, police said. Copeland tried to steer right, but it caused his car to rotate clockwise and the cars collided near the centerline, police said. Copeland was pronounced dead at the scene by Livingston County Coroner Jeff Armstrong. He was not wearing a seat belt, police said. Manker, who was wearing a seat belt, was not injured. The road was closed for approximately two hours. Source: Paducah Sun

West Kentucky Sees Another SUV Rollover

blog@www.daryltdixonlaw.com (News Author)2228 — Mon, 19 Feb 2007 08:00:00 EST

Carlisle woman injured in one-vehicle wreck Sunday, February 11, 2007 MELBER, Ky. — Sheena Hayden, 33, of Cunningham injured her head and face during a one-vehicle wreck shortly after 10 a.m. Saturday on Ky. 1820, one mile west of here. Hayden was driving east when for unknown reasons her sport utility vehicle went off the left side of the road, state police said. Hayden apparently overcorrected to the right, causing her SUV to spin and roll at least twice before coming to rest in a field, police said. Hayden was listed in stable condition Saturday afternoon at Western Baptist Hospital. Source: Paducah Sun

"Largest Crackdown on School Speed Zones Announced in Western Kentucky by Kentucky State Troopers"

blog@www.daryltdixonlaw.com (News Author)2218 — Sat, 17 Feb 2007 08:00:00 EST

AP State Headlines Wednesday, February 14, 2007 Eight western Kentucky school zones along roads where the speed limit is 55 mph will be monitored for excessive speed and traffic patterns beginning today by the Kentucky State Police. The three-phase school safety awareness campaign will start recording speeds and driving patterns without enforcement both inside and outside the school zones while lights are flashing in the morning and afternoon, said Trooper Barry Meadows, spokesman for Post 1 near Hickory. Troopers' radar will be equipped with data collectors, and speeds will be recorded through March 13. The school zones are at Livingston Central High on U.S. 60 in Smithland, South Livingston Elementary on Cutoff Road in Smithland, Farmington Elementary on Ky. 121, Marshall County High on U.S. 641 in Draffenville, North Marshall Middle on Ky. 95 in Calvert City, East Calloway Elementary on Pottertown Road near Murray, Carlisle County schools on Ky. 1377 in Bardwell, and Fulton County High on Moscow Avenue in Hickman. From March 14 through April 10, troopers will patrol the zones and pull over and ticket motorists who violate speed, seat belt and other regulations in the program's second phase, Meadows said. During the third phase from April 11-May 8, troopers again will record speeds and collect data without enforcement for a comparative analysis. "We want to see if high visibility and speed enforcement will slow down the drivers in the designated school zones," Meadows said. School zone speeds usually are reduced to 35 mph along roads where the speed limit is 55 mph, Meadows said. Violations hit motorists hard in the wallet; speeding fines are doubled inside school zones when the lights are flashing, Meadows said. State police recently were awarded a highway safety grant through the Governor's Highway Safety Program to initiate the program. The grant will pay for 150 hours of overtime expected to be logged by the troopers, Meadows said. In 2005, elementary school students ages 6-12 were involved in 7,933 vehicle collisions, of which 1,879 resulted in injuries and which accounted for 21 of the state's 985 road deaths, according to state police statistics. Source: Paducah Sun

Murder Suicide brings up domestic violence issues

blog@www.daryltdixonlaw.com (News Author)2214 — Thu, 15 Feb 2007 08:00:00 EST

Jennifer Horbelt, NewsChannel 6 Sunday night the McCracken County Sheriff's Department got a 911 call from Mary Lydia May just before seven. She told officers her boyfriend, Russel Jeffers, had been shot. Sheriff's Deputies say her ex-husband, David Keith May of Lone Oak, kicked down the back door at Jeffer's home and opened fire on Jeffers. Both Mary Lydia May and Jeffer's teenage daughter were in the home. Sheriff's Deputies say May then struggled with his ex-wife and told her he'd shoot her if she didn't let him leave. Police tracked May to his duplex on Hutchinson Street and tried for hours to contact him by telephone and megaphone, with no response. When police did enter the home May had already taken his own life. "There have been reported problems between the ex-wife of the suspect," says Sheriff Jon Hayden, McCracken County Sheriff's Department. May was married to Jeffers girlfriend, Mary Lydia May, for over 20 years. Their divorce was finalized in December. According to Sheriff's Deputies, May had been bothering the couple. They filed domestic violence charges against him as recently as last month. Sheriff Jon Hayden says Mary Lydia May expressed concerns that her husband might be capable of violence. "She was, I think, fearful that something like this would happen, and unfortunately it did happen," says Sheriff Hayden. Lee Weglerz knew and worked with Russell Jeffers. He says that Jeffers had been having problems with David May for some time. "I knew that there were some problems here. Not in the neighborhood, but i knew Russ had some problems with the guy {David Keith May} in the past," says Weglerz. Carla Sizemore with Merrymen House, a safe haven for women who have been in violent relationships, works with both women and children affected by domestic violence. She says it's tragic for everyone involved. "Once a woman seeks help via a DVO {Domestic Violence Order} and she leaves, her risk of something happening goes up three-fold," says Sizemore. Sizemore also says that 31 percent of women in the United Sates have been physically and sexually abused by their spouse. She hopes this situation will make people more aware of just how serious domestic violence can be. Copyright 2007 WPSD-TV, LLC

Day 3 Yonts Murder Trial

blog@www.daryltdixonlaw.com (News Author)2167 — Tue, 06 Feb 2007 08:00:00 EST

Day 3 of Yonts Murder Trial The murder trial for the son of a Kentucky lawmaker is underway in Calloway County. Murray State University Student Harrison Yonts is charged with murder for a deadly hit and run accident in November 2005. He's accused of hitting and killing Nadia Shaheen who was walking along the road. Yonts is the son of State Representative Brent Yonts of Greenville, Ky. NewsChannel 6's Anna Prendergast will continue to bring coverage of the trial. DAY 3 The defense in the Harrison Yonts murder trial spent the day trying to poke holes in the way police investigated the crime, saying evidence in the case wasn't handled properly. Today marks the third day of the trail in Murray, Ky. Harrison Yonts son of state representative Brent Yonts is charged for driving drunk and striking 62 year old Nadia Shaheen in 2005 with his car. Nadia Shaheens daughter took a moment to pray in court while defense attorney, Dennis Nulls' temper flared while questioning Murray police Detective Kendra Smith. So far both sides agree and DNA evidence proves Harrison Yonts' Lincoln was the car that struck Shaheen. The car was backed into the parking lot when police found it the morning of the accident. The defense says this proves Yonts wasn't driving because he never backed in the space. State Representative Brent Yonts testified, defending his son. State Representative, Brent Yonts, "He always pulls his car straight in the slot." But Murray police say Yonts backed in to hide the damage on his car from striking Shaheen. Much of the day was spent questioning witnesses on what Yonts was wearing the night of the accident. The prosecution says he was wearing a flannel shirt, the defense and several college students testified that Yonts had on a polo shirt. The defense showed police video of the shirt taken inside Yonts' apartment hours after the hit and run. Null suggested that Murray police didn't do their job because they couldn't find the shirt. 1:45 - Jan Yonts, Harrison Yonts' mother was just called to the stand. Phone records prove Harrison Yonts did not call his parents the morning of the accident. Jan Yonts said in the past when her son had a problem he would always call. 1:00- The defense just called its second witness to the stand, State Representative Brent Yonts of Greenville. Brent Yonts is Harrison Yonts' father. Brent Yonts said he never saw his son back his car in, saying he always pulled it in forward. Yonts said his son had never been in trouble before this including never getting a DUI. 10:00 AM- The defense has not called witnesses yet. Detective Kendra Smith with the Murray Police Department is still being questioned on the stand. The defense, attorney Dennis Null questioned Smith for over an hour and at times voices were raised. Null says the fact that Harrison Yonts car was backed into the space at his apartment proves he wasn't driving. Null says Yonts never backed in his car, he would always pull in forward. Smith told Null part of the reason Yonts was charged with tampering with evidence was because the car was backed in. Smith says she believes he was trying to hide the fact the cars window and side-view mirror were damaged from hitting Nadia Shaheen. The defense is expected to start calling its 20 witnesses shortly. Null says he expects the defense to take the rest of the day.

Day 2 of Yonts Murder Trial

blog@www.daryltdixonlaw.com (News Author)2166 — Tue, 06 Feb 2007 08:00:00 EST

Day 2 of Yonts Murder Tril The murder trial for the son of a Kentucky lawmaker is underway in Calloway County. Murray State University Student Harrison Yonts is charged with murder for a deadly hit and run accident in november 2005. He's accused of hitting and killing Nadia Shaheen who was walking along the road. Yonts is the son of State Representative Brent Yonts of Greenville, Ky. NewsChannel 6's Anna Prendergast will continue to bring coverage of the trial. Day 2 Harrison Yont's family on one side of the courtroom- on the other Nadia Shaheen's three children. They all watched as evidence including these pair of jeans and hat Yonts was wearing the night of the accident were shown to jurors. The prosecution says police found blood stains on the jeans and hat when they searched Yonts' apartment hours after Shaheen was hit by the car. Police video of Yonts' apartment was also shown. Besides finding blood on the door handle police say they found blood on Yonts' car keys, the floor, and on a paper towel in a trash can in Yonts' backyard. But it was the damage on Yonts' car that police say lead them to the college students front door. Police say the side-view mirror they found near Shaheen body was from Yonts' car. Police video also revieled that Yonts' light on the right side and passenger side window had been smashed. Jack Reed, a trace chemist from Frankfort analyzed the clothes Yonts was wearing the night of the accident. Reed says he found glass in the clothes that match the glass broken out of Yonts' car window. Reed also says fibers from Nadia Shaheen's pants were found on the front right bumper of Yonts' car. 12:00 PM- Video taken by Murray Police the morning of the hit and run was shown to jurors. It was video of Harrison Yonts' apartment and his car. The video showed his cars right front light smashed, the passenger side window knocked out, and the side-view mirror ripped off. The video of inside Yonts' apartment shows a trail of blood to Yonts' bedroom starting at the front door. Monday, during opening arguments, the prosecution said the blood was tested and was Yonts. The prosecution claims Yonts cut his hand trying to cleanup the broken glass from his car window. The defense said Monday Yonts cut his hand on a beer bottle. 11:00 AM- Four Murray police officers and a registered nurse that took Harrison Yonts' blood-alcohol level the morning of the accident testified. Nadia Shaheen's three children are in the courtroom. Harrison Yonts father, State Representative Brent Yonts from Greenville is not listening to the case today. He is outside in the defense room. Brent Yonts did tell NewsChannel 6 there was a possibility he might testify. The prosecution is still calling witnesses. The defense seems to be centering around Nadia Shaheens time of death. The prosecution is focusing on the side-view mirror police found at the scene that was ripped off of Yonts' car during the accident. 9:15 AM- Day two of the Harrison Yonts trial in Murray, Kentucky. The prosecution called its first witness at 9:15 am. Patrick Morris a Murray police officer is on the stand. Officer Morris was one of the first officers at the crime scene on Coldwater Road where Nadia Shaheen's body was found. Officer Morris says he found a silver side view mirror at the crime scene and was sent to patrol the Murray area to find the car that it came from. Officer Morris says he drove into Harrison Yonts apartment complex on Wilshire Drive and spotted Yonts' 2001 Lincoln. Officer Morris says Yonts' car had the passenger side mirror ripped off and the passenger window was also knocked out. Copyright 2007 WPSD-TV, LLC

Yonts guilty on all counts

blog@www.daryltdixonlaw.com (News Author)2164 — Tue, 06 Feb 2007 08:00:00 EST

Yonts guilty on all counts Victim's family: Murray case offers lesson about DUI By Bill Bartleman bbartleman@paducahsun.com--270.575.8651 Friday, February 02, 2007 MURRAY, Ky. — Members of Nadia Shaheen's family hope her death and the conviction of Harrison Yonts for murder and hit and run can serve as a lesson for others not to drink and drive. "His conviction doesn't make us happy, but it shows that people must face the consequences for their actions," Joseph Shaheen, the victim's 23-year-old son, said in an interview. "We hope that our mother's death and the conviction sends a message that protects other families from going through what we've had to go through." In an emotion-charged courtroom late Thursday, a jury of nine women and three men took three hours to find Yonts guilty in the Nov. 11, 2005, death of Shaheen, a 62-year-old Egyptian graduate student at Murray State University. She was less than a month away from completing her certification to teach English to other foreign students. Yonts — a 21-year-old senior at Murray State — was convicted of wanton murder, tampering with evidence, drunken driving and leaving the scene of an accident. The jury recommended a 20 year sentence, the harshest it could choose. Other options were manslaughter, which carries a sentence of up to 20 years with parole eligibility after four years, and reckless homicide, which carried a maximum sentence of five years with a parole eligibility of one year. Judge Dennis Foust immediately revoked Yonts' bond and ordered that he be confined to the Calloway County Jail until his sentencing on April 9. If Foust follows the jury's recommendation, Yonts will have to serve 17 years, 85 percent of the jury's recommended sentence, before he is eligible for parole. He will not be eligible for shock probation, a program that allows judges to release after a person after serving at least a month in prison. When the guilty verdict was read, members of Yonts family screamed, gasped and burst into tears, promoting a warning from Foust to refrain from displays of emotion. Among those present were his father, state Rep. Brent Yonts, D-Greenville. After hearing the verdict, Harrison Yonts laid his head on a table and wept for several minutes. He has admitted that he attended a fraternity party on the night and morning of the wreck on Coldwater Road and that he was drunk. However, he said he did not drive home, but was driven by someone else whom he couldn't identify. The most emotional testimony of the four-day trial came from Shaheen's adult daughters and members of Yonts' family. "Mr. Yonts stole our mom's life and stole our lives," said Shaheen's 28-year-old daughter, Samaa Elbannan, in asking the jury for a harsh punishment. "He sentenced us to life in a prison of agony and sadness." She said the family will never have closure because they have too many questions about the final minutes of their mother's life and because they never had a chance to say goodbye. Looking at Yonts, she said, "My mother was the kindest woman ever, but you left her to die on the side of the street." She also expressed sympathy for the grief and suffering that Yonts caused for his parents and siblings. Throughout her comments and those of her older sister, Samah Elbannan, most members of the jury and many of the 100 or so spectators in the courtroom wept. Samah said her life and the lives of her sister and brother stopped on Nov. 11, 2005. "My mom worked hard all her life to raise the three of us, and when it was time for her to enjoy everything she had worked for, she was taken away for no reason," Samah said. She said it has been "extremely difficult to forget the last time we saw our mom was in a body bag with her face so messed up that we couldn't recognize her. "I've seen you laughing and smiling," she said to Yonts. "I hope you've learned your lesson." Ellen Yonts Brownfield, Harrison Yonts' oldest sister, described her brother as a caring, kind and friendly person who was raised in a Christian home and attended church regularly. She said that the events of that night and mistakes her brother may have made have been an nightmare for the family. She asked for compassion and leniency, and expressed her family's sympathy for the Shaheen family. Later in the court proceedings, Brownfield fainted as she stood holding hands with her brother and father. A paramedic and family members cared for her, and she was revived in about two minutes. Brent Yonts broke down in tears while walking to the witness stand to testify in support of his son. It took him several minutes to compose himself, and he asked the jury for a lenient sentence. "If I could serve the sentence for my son, I would," he said amid an outburst of tears. He also said he felt that knowing his son was going to prison for a long time was similar to a death in the family, and compared it to the recent death of his father. He also took the blame for his son's problems, saying that he may have spent too much time in his work as an attorney and a state legislator. In asking for a harsh sentence, special prosecutor Jim Harris, an assistant commonwealth attorney in McCracken County, said that throughout the trial and even after he was found guilty, Harrison Yonts never showed remorse or sorrow for Shaheen's death. In another emotional moment during a break in the proceedings, Shaheen's three children walked over to Yonts' mother, father and sister and expressed their sympathy for the ordeal and the fact their son was going to prison. Amid tears, they all hugged. Dennis Null, Yonts' attorney, said he planned to appeal the conviction. "We haven't really had time to think about it and review the proceedings, but there were several issues that came up during the trial on which we can appeal," Null said. He said he wasn't prepared to identify them. After the trial, jurors were escorted by police out a side door and to their cars. No one was allowed to leave the courtroom until all of the jurors had left the parking lot.

Yonts indicted for murder in Murray pedestrian death

blog@www.daryltdixonlaw.com (News Author)2163 — Tue, 06 Feb 2007 08:00:00 EST

Yonts indicted for murder in Murray pedestrian death By Anne Thrower athrower@paducahsun.com--270.575.8653 Saturday, January 28, 2006 MURRAY, Ky. — Burgess Harrison Yonts was indicted Friday for wanton murder and three other charges in the pedestrian death of a Murray State University graduate student in November. Yonts, 20, of Greenville was originally charged with second-degree manslaughter. A Calloway County grand jury also returned a felony indictment for tampering with physical evidence. Misdemeanor counts of driving under the influence and leaving the scene of the accident were also returned. In a wanton murder, a person is aware of the risk but proceeds to take action that causes the death of a person. A person who is intoxicated does not have to be aware of the risk to qualify for wanton murder. Police say a vehicle Yonts was driving struck Nadia Shaheen, 62, a graduate student from Egypt. Her body was found about 6:30 a.m. Nov. 11 near Coldwater Road and the Five Points area near campus. Special prosecutor Tim Kaltenbach presented evidence to the grand jury. Kaltenbach, commonwealth attorney for McCracken County, was appointed to prosecute Yonts after Calloway Commonwealth Attorney Gale Cook recused herself, citing friendship with the defendant's father, state Rep. Brent Yonts of Greenville. Appearing before Calloway Circuit Judge Dennis Foust, Kaltenbach asked that Yonts' bond be raised to $41,000 cash or property. A warrant was issued for his arrest because of the new charges in the indictments. Yonts was freed from jail shortly after his original arrest, after posting $25,000 cash or 5 percent of a $500,000 bond. Because of a court-imposed gag order, Kaltenbach declined comment Friday. Yonts, who was not present Friday, is scheduled to be arraigned at 9 a.m. Feb. 13 before Foust. Coroner Mike Garland estimated Shaheen died of blunt trauma to the head and neck. Police believe she was walking home from the Curris Center, where she was known to work in the free campus computer lab.

MSU student jailed on manslaughter charge

blog@www.daryltdixonlaw.com (News Author)2162 — Tue, 06 Feb 2007 08:00:00 EST

MSU student jailed on manslaughter charge A graduate student from Egypt was struck by a vehicle. By Molly Harper and Shelley Byrne The Paducah Sun mharper@paducahsun.com sbyrne@paducahsun.com Saturday, November 12, 2005 MURRAY, Ky. — Murray State University sophomore Burgess Harrison Yonts, 20, of Greenville, son of state Rep. Brent Yonts, was charged with manslaughter in the death of Nadia Shaheen, 62, of Egypt, a Murray State student whose body was found near the Five Points area near the campus early Friday. Shaheen, a graduate student, was found near Coldwater Road around 6:30 a.m., Murray police Sgt. Jim Osborne said. Calloway County Coroner Mike Garland estimated Shaheen died around midnight Thursday after being struck by a vehicle. He attributed the cause of death to blunt force trauma to the head and neck. Shaheen was struck within a few hundred yards of her home, Garland said. Police believe she was walking home from the Curris Center, where she was known to work in the free campus computer lab. She was due to graduate in December. "We are here for the family of Ms. Shaheen and our students during this campus tragedy," Murray State President King Alexander said. "Lending our support to these individuals is our priority at this time." Counseling will be made available to students, faculty and staff as needed at the university's Counseling and Testing Center, according to the university. Yonts was charged with second-degree manslaughter, a Class C felony, based on physical evidence linking Yonts' vehicle to the scene in a canvass of the area Friday afternoon, Osborne said. He would not comment on the nature of the evidence. Yonts remained in the Calloway County Jail late Friday on a $500,000 cash bond. Dann Patterson, adviser of the Murray State chapter of Lambda Chi Alpha fraternity, said the younger Yonts, who goes by his middle name, had stopped by a fraternity party briefly Thursday night. The party ended at 2 a.m. in accordance with university regulations, Patterson said. People over 21 are free to bring alcohol to such parties, he said, adding that identification is checked, and armbands are issued accordingly. Patterson said he did not know if anyone gave Harrison Yonts alcohol at the party. Brent Yonts stopped by the fraternity house Friday afternoon to speak with fraternity members and try to find out more of what happened, he said. He spoke with his son and hired Murray attorney Mark Blankenship to represent his son. According to his Legislative Research Commission profile, Brent Yonts, who represents Muhlenberg County and portions of Christian and Hopkins counties, has been an honorary member of Murray State's Lambda Chi Alpha chapter since 2000. He is a Murray State University alumnus. National fraternity representatives planned to meet with local chapter members in Murray late Friday. "I think mainly they just want to ascertain whether we were within guidelines," Patterson said.

911 Services in Carlisle County, Kentucky Recieve State Funds

blog@www.daryltdixonlaw.com (News Author)2142 — Wed, 31 Jan 2007 08:00:00 EST

Carlisle 911 getting needed upgrades The new equipment is being paid for by a grant from Kentucky Homeland Security. By Angie Kinsey akinsey@paducahsun.com-- Tuesday, January 23, 2007 BARDWELL, Ky. — Carlisle County 911 dispatchers now have to rely on local residents to inform them of address changes. Soon, a computer will do that work for them. The county was one of eight communities in the state to receive grants Monday from the Kentucky Office of Homeland Security to upgrade their 911 services. Carlisle, the only recipient in western Kentucky, received $179,969. "We're terribly excited," said Melissa Rowland, the county's emergency management 911 director. "We will be getting all new equipment and all new furniture. We will be getting the same equipment Kentucky State Police uses. We'll be taking our own 911 cell phone calls as well." Rowland said one of the biggest advantages of the new equipment will be a computerized mapping system that will help dispatchers find the locations of 911 calls more quickly. "Now we have paper maps," she said. "The new equipment will have the maps right in front of us on our computers. There will be a blinking triangle showing where they are and we can give the responding units the right crossroads. Our system now gives directions, but people move like rats and they don't bother telling you. We count on them to tell us when they move and if they don't tell us, we could be sending help to the other part of the county." Besides Rowland, the county employs three full-time and two part-time dispatchers. Rowland said she didn't think more dispatchers would be needed with the new equipment. Rowland and an assistant supervisor will travel to Georgia in two weeks for training and the new equipment will be in operation April 30. "It is essential that we have a top rate 911 system here in Kentucky and address the areas of the state that do not currently have access to Enhanced 911," Gov. Ernie Fletcher said about the grants. "These 911 Improvement grants are working to tackle this problem by focusing on the communities with the greatest need for upgraded 911 services." Source: Paducah Sun

Family blames doctors for woman's death

blog@www.daryltdixonlaw.com (News Author)2135 — Tue, 30 Jan 2007 08:00:00 EST

Four Kentucky and West Virginia doctors and some of their businesses are being sued for prescribing more than 5,000 pills over a period of one year to South Williamson attorney Lafe "Dee" Preston Ward Jr., who was charged with murder after he was involved in an automobile accident last year. Mingo County resident Benita Wirleen Dixon died when her car was hit by Ward's vehicle as she pulled out of the South Williamson Wal-Mart intersection in January 2006. Ward is suspected of driving under the influence. For more details, follow the link below.

Kentucky train crash releases chemicals

blog@www.daryltdixonlaw.com (News Author)2134 — Tue, 30 Jan 2007 08:00:00 EST

IRVINE, Ky. - Four runaway rail cars struck two parked locomotives Monday in east-central Kentucky, causing a fire and spilling a chemical that prompted a limited evacuation and orders that others stay indoors. The crash released butyl acetate, a flammable liquid, from a burning tanker car, authorities said. The fire produced a huge column of black smoke, and a section of the Kentucky River where fuel or chemicals had spilled caught fire. No injuries were reported, authorities said. For more information, follow the link below.

Turner Ohio River Recovery Mission Put on Hold

blog@www.daryltdixonlaw.com (News Author)2143 — Wed, 24 Jan 2007 08:00:00 EST

Recovery operation put on hold after river deemed 'too risky' A towboat crewman has been missing since Friday when the boat sank near Owens Island. Brian Peach bpeach@paducahsun.com They did some visual inspections of the area. It looks like the water's going to have to recede quite a bit. ... It's too risky for them to try right now. The current is so strong and there's still a lot of debris. — Brent Stringer Tuesday, January 23, 2007 Dive teams Monday reiterated the problem: The Ohio River is too treacherous right now to attempt a recovery operation for the National Maintenance and Repair worker who has been missing since his towboat went down Friday night. And it may be two weeks before the water is low enough to attempt a dive, emergency responders said, adding that the biggest concern for search crews is debris moving quickly down the river. Brian Turner, 42, of Carlisle County has been missing since about 10 p.m. Friday, when the towboat sank in 38-degree water near Owens Island near the Paducah riverfront. Two other crewmen — Raymond Alexander Lang and Steven Fuller — were rescued from the water by Ingram Barge Co. workers who heard their cries for help. It was unclear whether Turner made it out with a life vest. Emergency responders still didn't know Monday what caused the boat to take on water so quickly, sinking in a matter of minutes. The towboat is submerged under 50 to 55 feet of water and it will be tough to raise until the water level drops, emergency management directors said. Livingston County EMS Director Brent Stringer met with divers from the Emergency Management Area 2 Dive Team out of Madisonville at about 10:30 a.m. Monday, and they weren't comfortable going into the river. "They did some visual inspections of the area," he said. "It looks like the water's going to have to recede quite a bit. ... It's too risky for them to try right now. The current is so strong, and there's still a lot of debris." Stringer said National Maintenance and Repair brought in a diver Saturday from Mainstream Commercial Divers in Murray and was told the same thing: "They were not going to put anybody out in those conditions," Stringer said. "I don't foresee it for the next couple of weeks. ... It's been unseasonably wet, there's been storms. Those contribute quite a bit. It's really just a waiting game now." And waiting is what Turner's family is doing. Turner's wife, Dana Turner, was with her family and some friends Monday. They declined to talk much about Brian Turner. Tracy Wallace, Dana Turner's sister, said the couple married five years ago, but knew each other for 15 years before that. Dana Turner wanted to wait until crews recover the body before talking about her husband. National Maintenance and Repair General Manager Sandy McDaniel referred all questions Monday to Russ Painter, spokesman for the company out of South Point, Ohio. Painter declined comment about Brian Turner's history with the company, saying the company wasn't prepared to release any information Monday. McCracken County Emergency Management Director Kent King's crew searched the river from the accident site to the Irvin Cobb Bridge on Monday. He said the search turned from a rescue operation to a recovery effort around 3 a.m. Saturday, when crews called off the search for the night. The river stayed rough through Monday. "Our crews did say the river was really rough this morning," he said. "Pretty choppy, pretty rough. Two-foot swells. ... I have a hard time believing they're going to dive in that. It's pretty much inaccessible. "One of the big problems to worry about are the big trees and logs coming down. ... Logs weighing several tons, traveling at six miles per hour." He said some of the logs float just below the surface. Some members of his rescue crew told him Monday that they were standing on a barge, watching the search when a tree hit the barge they were standing on and violently shook it. Source: Paducah Sun

Ohio River Tow Boat Recovery Operation is Suspended in Kentucky

blog@www.daryltdixonlaw.com (News Author)2071 — Tue, 23 Jan 2007 08:00:00 EST

Recovery operation put on hold after river deemed 'too risky' A towboat crewman has been missing since Friday when the boat sank near Owens Island. AP State Headlines Tuesday, January 23, 2007 Dive teams Monday reiterated the problem: The Ohio River is too treacherous right now to attempt a recovery operation for the National Maintenance and Repair worker who has been missing since his towboat went down Friday night. And it may be two weeks before the water is low enough to attempt a dive, emergency responders said, adding that the biggest concern for search crews is debris moving quickly down the river. Brian Turner, 42, of Carlisle County has been missing since about 10 p.m. Friday, when the towboat sank in 38-degree water near Owens Island near the Paducah riverfront. Two other crewmen — Raymond Alexander Lang and Steven Fuller — were rescued from the water by Ingram Barge Co. workers who heard their cries for help. It was unclear whether Turner made it out with a life vest. Emergency responders still didn't know Monday what caused the boat to take on water so quickly, sinking in a matter of minutes. The towboat is submerged under 50 to 55 feet of water and it will be tough to raise until the water level drops, emergency management directors said. Livingston County EMS Director Brent Stringer met with divers from the Emergency Management Area 2 Dive Team out of Madisonville at about 10:30 a.m. Monday, and they weren't comfortable going into the river. "They did some visual inspections of the area," he said. "It looks like the water's going to have to recede quite a bit. ... It's too risky for them to try right now. The current is so strong, and there's still a lot of debris." Stringer said National Maintenance and Repair brought in a diver Saturday from Mainstream Commercial Divers in Murray and was told the same thing: "They were not going to put anybody out in those conditions," Stringer said. "I don't foresee it for the next couple of weeks. ... It's been unseasonably wet, there's been storms. Those contribute quite a bit. It's really just a waiting game now." And waiting is what Turner's family is doing. Turner's wife, Dana Turner, was with her family and some friends Monday. They declined to talk much about Brian Turner. Tracy Wallace, Dana Turner's sister, said the couple married five years ago, but knew each other for 15 years before that. Dana Turner wanted to wait until crews recover the body before talking about her husband. National Maintenance and Repair General Manager Sandy McDaniel referred all questions Monday to Russ Painter, spokesman for the company out of South Point, Ohio. Painter declined comment about Brian Turner's history with the company, saying the company wasn't prepared to release any information Monday. McCracken County Emergency Management Director Kent King's crew searched the river from the accident site to the Irvin Cobb Bridge on Monday. He said the search turned from a rescue operation to a recovery effort around 3 a.m. Saturday, when crews called off the search for the night. The river stayed rough through Monday. "Our crews did say the river was really rough this morning," he said. "Pretty choppy, pretty rough. Two-foot swells. ... I have a hard time believing they're going to dive in that. It's pretty much inaccessible. "One of the big problems to worry about are the big trees and logs coming down. ... Logs weighing several tons, traveling at six miles per hour." He said some of the logs float just below the surface. Some members of his rescue crew told him Monday that they were standing on a barge, watching the search when a tree hit the barge they were standing on and violently shook it.

Kentucky Plane Crash Details Could Boost Case for Punitive Damages

blog@www.daryltdixonlaw.com (News Author)2070 — Tue, 23 Jan 2007 08:00:00 EST

Ky. Plane Crash Details Could Boost Case for Punitive Damages By Brett Barrouquere January 23, 2007 When Comair Flight 5191 crashed shortly on takeoff in August at Kentucky's Blue Grass Airport , the parents of 16-year-old Paige Winters thought she died instantly. Documents released this week show a contributing factor in Winters' death was smoke inhalation — proof that she was alive when the plane caught fire after crashing, said Brad Manson, an Overland Park, Kan., attorney representing the Winters family. "The only consolation the Winters' had was the thought that their daughter died on the impact and didn't suffer in this horrific fire,' Manson said. "That just conjures up an enormous amount of pain and agony.' That pain and agony could cost Comair, based outside Cincinnati in Erlanger, Ky., as well as others involved in the crash, according to attorneys representing victims' families in lawsuits. Autopsy summaries released with other documents related to the crash show that 16 people survived the initial impact. That revelation, along with possible violations of Comair and Federal Aviation Administration policies, could leave the airline, the airplane's builder and the Lexington airport open to punitive damages in lawsuits stemming from the crash, attorneys involved in the cases say. "Comair is clearly liable,' Manson said. "I think there's punitive exposure here.' The aircraft, a Bombardier CL-600-2B19 (CRJ-100), crashed on takeoff from Lexington's Blue Grass Airport after the pilots taxied on to the wrong runway — one that was too short for a passenger jet. National Transportation Safety Board documents outlining the initial investigation into the crash that killed 49 of the 50 people on board revealed that co-pilot James Polehinke and pilot Jeffrey Clay partook in casual conversation about their families, pets and job prospects before takeoff. Comair has acknowledged the pilots violated the FAA's "sterile cockpit' rule, which bans nonessential conversation during critical times. The documents also point to a systemwide failure that morning — from a undermanned control tower to a lack of lights on the runway to the pilots themselves — that led to the crash, attorneys said. The issue of the plane's crash worthiness and construction need to be analyzed before any definitive conclusions about Bombardier's liability could be drawn, said Robert Clifford, a Chicago-based aviation law specialist representing several of the families. "It's all about money. At the end of the day, these families are going to be compensated for their losses,' Clifford said. "Only time will tell by whom and how much.' David Fiol, a San Francisco-based attorney representing four families, said the documents confirm the negligence of the Comair pilots. But, Fiol said, the documents also show that the FAA and the airport might have done things differently. Polehinke's attorney, Bruce Brandon of North Carolina, said a systemwide failure of airport safeguards such as no runway lights and bad maps of the airport led to the crash, not simply the pilots chatting in the cockpit before takeoff. "When the system fails, horrible things happen,' Brandon said. Kate Marx, a spokeswoman for Comair, said she couldn't address the specifics of the litigation, but the investigation into the crash has found multiple factors that contributed to the tragedy. Comair is working on improving its faults, something all airlines should look to do, Marx said. "Comair, like all air carriers, has a responsibility to safely transport our passengers, but safety is just as much the responsibility of the other organizations involved in commercial aviation,' Marx said. "In our case, we've pinpointed those organizations to include the airport and FAA.' Manson said the crash and revelations about it are still affecting his clients in Leawood, Kan. He said the Winters family is still grieving the loss of their daughter. "They have good days and bad days,' Manson said. "This did not make for a good day for them.'

Mississippi Trucker Dies in Hickman County Semi-Truck Accident

blog@www.daryltdixonlaw.com (News Author)2061 — Tue, 23 Jan 2007 08:00:00 EST

Trucker dead in Fulgham, Kentucky Semi-Truck Wreck Sunday, January 14, 2007 FULGHAM, Ky. — A Mississippi man was killed when he was ejected from his tractor-trailer when it ran off the road about a mile east of here Saturday afternoon. Bobby Johnson, 56, of Burnsville, Miss., was driving on Ky. 58 East at about 1:15 p.m. when he ran off the road, state police said. The Mack truck ran through a ditch and struck a culvert, causing the driver's side door to open and Johnson to apparently get run over by the truck's back tires, police said. The Hickman County coroner's office will conduct an autopsy to determine if Johnson's death was medically related, police said.

Towboat Accident in Kentucky Leaves One Man Missing and Authorities Fearing the Worst While Heroic Effort Saves Two

blog@www.daryltdixonlaw.com (News Author)2060 — Mon, 22 Jan 2007 08:00:00 EST

Ingram crew saves 2 on river Fast-moving Ohio searched for 3rd person from sunken tug BARKLEY THIELEMAN/The Sun Towboat traffic is brisk after the Coast Guard reopened the Ohio River between Smithland and Paducah on Saturday. The river had been closed since the previous night's accident. Sunday, January 21, 2007 The voices in despair sounded as though there were people in the Ohio River, which seemed unlikely late Friday because no emergency signals had been dispatched from any river vessels. Acting quickly, crewmen of the motor vessel O.A. Franks followed the sounds of the voices and ran searchlights across the frigid water until they caught the images of two men in life vests near the Illinois side of the river, across from the Paducah riverfront at Broadway. The men in the 38-degree water were with the crew of the tugboat Bruce D, which sank about four miles away in Livingston County on Friday night. Capt. John Bivens and pilot Shane Brown steered the Franks toward the men, while Capt. Donnie Gifford kept the motor vessel Terry Gifford to the rear of the Franks. The crews of the Franks and Gifford, both owned by Ingram Barge Co. in Paducah, were assembling barges for towing when the distress calls were heard about 11 p.m. Friday. The Franks crewmen threw a line with a life ring to the two men and pulled them from the swollen river, while the Gifford crew notified emergency agencies, said Ingram spokesman Keel Hunt in Nashville, Tenn. The rescued men were identified by the Coast Guard as Raymond Alexander Lang, 33, of Metropolis, Ill., and Steven Fuller, 46, of Benton. However, the third crewman from the sunken tugboat remained missing Saturday night after rescue agencies searched the river all day from Livingston to Ballard counties. That person's name was not released. The two rescued crewmen were taken to Western Baptist Hospital. Fuller was discharged Saturday. Lang remained in stable condition. A big concern for rescue crews was whether weather would allow the search to continue today. The forecast called for up to 112 inches of snow by this morning. Conditions on Saturday did not work in the favor of the rescue crews, who faced swift currents, high water, and massive amounts of logs and other debris floating down the river. "We're monitoring the weather because that's our biggest problem. It's supposed to turn bad, but we'll play it by ear," Livingston County Emergency Management Director Brent Stringer said. "With the debris and the current, we had to suspend the search at dark (Saturday) because at nighttime we can't see, and it's dangerous with those conditions." Part of Saturday's search included breaking up large tows that were moored along the Illinois side of the river, Stringer said. The McCracken County Office of Emergency Management originally organized the search and rescue, but jurisdiction switched to Livingston County after the tugboat was found there. Some of the questions that remained unanswered Saturday were what caused the tugboat to sink and why it went down so fast. The tugboat is owned by National Maintenance and Repair of Kentucky, based in Paducah. It is a subsidiary of McGinnis Inc. of Cincinnati. The tugboat had been in a fleeting area near Owens Island and was moving barges one at a time into a large tow when it sank within a few minutes, according to Lt. Jeffery Chapman, spokesman for the U.S. Coast Guard Marine Safety Unit in Paducah. "All we know now is that it went down rapidly," Chapman said. "We won't know the cause until we can raise it and do a complete investigation." It also was unclear what time the tugboat sank. Judging from the distance the men traveled and the current, rescue crews estimated that the tugboat could have sunk around 10 p.m. Friday. The tugboat went down so quickly that its crewmen said they did not have time to send a distress signal, McCracken Rescue Squad Chief Bob Wise said. It may take several days to allow river conditions to improve before divers can raise the tugboat, Chapman said. Hunt praised the Ingram crews for their quick action. "It certainly is an unfortunate situation, but one of the great traditions in the maritime industry is crews from other vessels coming to the aid of another crew in distress," Hunt said. Initially, there was some doubt if the third crewman managed to leave the sinking vessel. The other crewmen were suffering from hypothermia and trauma when they were pulled from the river and gave conflicting statements before being taken to a hospital, Wise said. "One said he made it out with a life vest and a life ring, like a buoy, and the other said he did not know if the man made it out," Wise said. However, Chapman said there were reports that all three made it into the water. "We have no reason to think he's still on the boat," Chapman said. The tugboat, also called a harbor tug, is between 50 and 60 feet long and was discovered shortly before 11:30 a.m. Saturday at mile marker 931.4 in Livingston County near Ledbetter. Searchers reported that the vessel was lying on its port, or left, side in approximately 50 feet of water and about 300 feet off the Illinois bank, Wise said. It will be National Maintenance's responsibility to raise the vessel, Chapman said. According to a company Web site, McGinnis operates six subsidiaries, including National Maintenance and Repair. Efforts to reach the company for comment were not successful Saturday. The Coast Guard marked the area where the McGinnis tugboat sank with lighted buoys. The river reopened to navigation about 4:30 p.m.

Search Continues for Missing Kentucky Towboat Worker

blog@www.daryltdixonlaw.com (News Author)2059 — Mon, 22 Jan 2007 08:00:00 EST

Search to continue for missing crewman The missing man has been idenitified as Brian Turner of Carlisle County. AP State Headlines Monday, January 22, 2007 LEDBETTER, Ky. — Divers will visit the sunken tugboat Bruce D today as part of the continued search for a missing crewman. There has been no sign of Brian Turner, 42, of Carlisle County, since about 10 p.m. Friday, when the boat sank in 38-degree water near Owens Island in the Ohio River. Raymond Alexander Lang and Steven Fuller, the two crewmen Ingram Barge Co. towboat workers rescued from the water, had conflicting stories about seeing Turner. One said he made it out with a life vest. The other did not know if he made it out. Lang remained in stable condition Sunday at Western Baptist Hospital in Paducah. Fuller was discharged Saturday. The divers, from the Kentucky Office of Emergency Management's Area 2 Dive Team, will dive to check the boat and surrounding area only if it is safe to do so, said Livingston County Emergency Management Director Brent Stringer, who is heading the search. Livingston County emergency workers spent from 9 a.m. to 2 p.m. Sunday searching along the river's shoreline before rain and cold weather forced them indoors. "We made trips from the crash site to the Brookport Bridge on both sides of the river and didn't find anything," Stringer said. The cause of the boat's sinking cannot be determined until it can be raised from the riverbottom, according to the U.S. Coast Guard. It sank within a few minutes, so quickly that the crewmen were not able to send a distress call. The tugboat is owned by National Maintenance and Repair of Kentucky, based in Paducah. It is a subsidiary of McGinnis Inc. of Cincinnati.

Police cracking down on DUIs, seatbelts

blog@www.daryltdixonlaw.com (News Author)2028 — Wed, 03 Jan 2007 08:00:00 EST

The Campbell County Police Department took 20 drunk drivers off the road in December. That's almost a quarter of the 82 drunk driver's the department arrested in a year's time. It's also an increase for the month of December. In December 2005 the department made 11 DUI arrests. The increase was part of a nationwide crackdown "Drunk Driving: Over the Limit. Under Arrest," said Chief Keith Hill. For more information, follow the link below.

Texas judge enters $8.7 mln Vioxx verdict vs Merck

blog@www.daryltdixonlaw.com (News Author)2027 — Wed, 03 Jan 2007 08:00:00 EST

NEW YORK, Dec 21 (Reuters) - A Texas judge has entered a verdict of about $8.7 million against Merck & Co. over its withdrawn Vioxx painkiller, according to documents provided on Thursday by the company. A jury in Starr County, Texas had awarded $32 million in April to the family of a 71-year-old man, Leonel Garza, who had taken the drug. A judgment by Judge Alex Gabert entered Dec. 21 reduced the punitive damages in the case, pursuant to state limits. for more information, follow the link below.

Hospital Infections: Deadly Serious

blog@www.daryltdixonlaw.com (News Author)2026 — Wed, 03 Jan 2007 08:00:00 EST

Staph and other hospital infections are estimated to kill approximately 100,000 people a year. The fix would be easy and inexpensive. What are HMO's and hospital chains doing about it? Nothing.

Airport blames crew, Comair for fatal crash

blog@www.daryltdixonlaw.com (News Author)1939 — Mon, 04 Dec 2006 08:00:00 EST

A federal court document filed by Blue Grass Airport blames the airline and flight crew for the crash of Comair Flight 5191 and contends the airport shares no blame for the crash and loss of 49 lives. For more information, follow the link below.

W.Va., Ohio residents settle Ohio River sunken barge lawsuit

blog@www.daryltdixonlaw.com (News Author)1938 — Mon, 04 Dec 2006 08:00:00 EST

CHARLESTON, W.Va. - Property owners who claimed a January 2005 Ohio River barge accident damaged their riverfront property have agreed to settle their lawsuits for unspecified damages. Charleston lawyer Harry Deitzler said Friday the 113 property owners agreed to settle, but under the terms of the agreement he could not release details. The Ohio and West Virginia property owners sued American Electric Power, AEP subsidiary Memco LLC and B&H Towing Co. for damages caused by the barge accident at the Belleville Locks and Dam. For more information, follow the link below.

New Software helps insurers avoid Fair Settlements

blog@www.daryltdixonlaw.com (News Author)1937 — Mon, 04 Dec 2006 08:00:00 EST

Big insurers are using a database software to automate unfair settlement offers. For the whole story, follow the link below.

Pro-Civil Justice Candidates Dominate on Election Day

blog@www.daryltdixonlaw.com (News Author)1883 — Wed, 08 Nov 2006 08:00:00 EST

Repeated Attacks on the Civil Justice System Fail On Election Day (Washington, DC)- With returns still coming in, candidates who support the civil justice system have won, while the vast majority of campaigns attacking the civil justice system and trial lawyers failed. "This election destroyed a popular Karl Rove myth -- the truth is that trial attorneys are winning, attacks on trial attorneys are backfiring and opponents of the civil justice system are losing," said Jon Haber, CEO of the Association of Trial Lawyers of America (ATLA). Voters chose trial attorneys to represent them in Washington. Of the 17 trial attorneys who ran, 13 won and two are still too close to call. It is important to note that while a significant number of Democratic pro-civil justice candidates won, no pro-civil justice Republican incumbent lost their seat. ATLA played a significant role in electing candidates who support justice. * ATLA PAC supported 296 candidates running for the Senate and House offices across the country, giving more than $2.5 million. Of these, X candidates won. * In the final month of the election, ATLA members contributed more than $900,000 to 41 targeted House races. Nearly $500,000 of this was contributed by ATLA members online during this final push. Half of these contributions were $200 orless. * ATLA members contributed more than $20 million to pro-civil justice Senate candidates. * ATLA ran a number of issue ads highlighting the support of some members of Congress for a corporate agenda that puts bottom lines before the health and safety of the public. The ads ran in the states of U.S. Senators Conrad Burns (MT) and Rick Santorum (PA), as well as U.S. Representatives Don Sherwood (PA-10), Chris Chocola (IN-2), Heather Wilson NM-1), Charles Taylor (NC-11), and Deborah Pryce (OH-15). Civil justice issues played prominently in a number of races and in all, pro-civil justice candidates prevailed. Those races are as follows: Iowa's 1st Congressional District Civil justice issues played a prominent role in the campaign for the open House seat in Iowa's 1st Congressional District. Throughout the campaign, Republican nominee Mike Whalen highlighted his support of tort "reform," and he repeatedly attacked his opponent, Rep.-elect Bruce Braley, a trial attorney, for so-called "lawsuit abuse." In fact, the Des Moines Register noted that Whalen's campaign "has hit hard on Braley's representing plaintiffs in lawsuits" and used these attacks at the "centerpiece" of their advertising campaign. Three of Whalen's television ads attacked Braley for allegedly filing so-called "frivolous" lawsuits, which the ads claimed forced jobs and businesses out of Iowa, and drove up health care costs. The National Republican Congressional Committee paid for a fourth attack ad that labeled Braley a "greedy trial lawyer." The total cost for broadcasting all four of these ads was estimated at more than $560,000. In addition to these attack ads, Whalen's campaign website claimed that the "only winners under our current [civil justice] system are a handful of liberal trial lawyers who don't care if we drive every job overseas," and added "[i]t's time to get serious about real tort reform and curtail the flurry of frivolous lawsuits." He even made tort "reform" a part of his "Contract for American Jobs" proposal. Despite his prominent use of tort "reform" issues, Whalen lost the election. Braley defeated Whalen by a margin of 12 percent. Florida's 22nd Congressional District In the campaign for Florida's 22nd Congressional district, Rep. Clay Shaw and the National Republican Congressional Committee attacked Rep.-elect Ron Klein for accepting campaign contributions from trial attorneys, and for his opposition to a tort "reform" proposal in the Florida State Senate. For instance, the NRCC aired an attack ad which claimed that Klein "...voted against lawsuit reform and sided with trial lawyers and their jackpot lawsuits..." Another ad from the NRCC noted that Klein accepted campaign contributions from trial attorneys the same month that he opposed the "lawsuit reform" proposal As the Capitol Hill newspaper reported, Shaw's campaign also "attacked the state senator's ties to trial lawyers..." ["Battlegrounds," The Hill, 7/11/06] When asked to comment on Klein's campaign contributions, Gail Gitcho, Shaw's spokeswoman, noted that the contributions indicate that Klein was "...a friend to the sugar industry, lobbyists and trial lawyers." Shaw's website also highlighted his support for medical malpractice "reform," stating that "...we cannot allow frivolous lawsuits to dictate the ability of a doctor to practice medicine, especially those doctors who specialize in high risk procedures." An ad paid for by the American Medical Association's Political Action Committee used a similar message when it praised Shaw. While not attacking Rep.-elect Klein, the ad noted that Shaw "...took on the powerful special interests and protected patients' access to needed emergency care by reducing lawsuit abuse." Rep.-elect Ron Klein defeated Shaw by a margin of four percent. Pennsylvania's U.S. Senate Seat Since Senator Rick Santorum was the lead sponsor of a major medical malpractice bill in the Senate, it wasn't surprising that malpractice "reform" was among the issues that he, and his allies, used in his campaign with Senator-elect Bob Casey. In September, Santorum spent more than $450,000 to broadcast an ad that attacked Casey for accepting campaign contributions from "trial lawyers and personal injury attorneys." The ad also noted that Casey's opposition to "financial caps on medical liability cases" will "drive away more Pennsylvania doctors and raise our health care costs." Santorum's ad came a few weeks after the U.S. Chamber of Commerce spent more than $67,000 on a television ad praising Santorum for "...working to reform the legal system, to stop lawsuit abuse and skyrocketing costs that are hurting healthcare." Casey defeated Santorum by a wide margin, 59 percent to 41 percent. New York's 24th Congressional District While other issues were certainly at the forefront in the campaign for New York's 24th Congressional district, the NRCC did use the issue of medical malpractice "reform" to attack Rep.-elect Michael Arcuri in two television ads. Both ads attacked Arcuri for accepting "thousands" from trial attorneys, and claimed that "jackpot lawsuits" drive up health care costs and force doctors to leave New York State. Combined, both ads cost the NRCC more than $100,000. Arcuri defeated State Senator Raymond Meier by a margin of nine percent. Ohio's 18th Congressional District In the race to replace convicted former-Rep. Bob Ney in Ohio's 18th Congressional district, the NRCC used the medical malpractice issue in an attack ad against Rep.-elect Zack Space. The ad criticized Space for stating that increased health care costs have almost nothing to do with "frivolous litigation," and noted that the "trial lawyers who fund his campaign" have made "plenty" off the current malpractice system. Another ad from the NRCC noted that Space was a lawyer, and stated "[n]o matter how tough things get for the rest of us, lawyers tend to do well." The Republican nominee in the race, State Senator Joy Padgett, also used the medical malpractice issue to attack Rep.-elect Space. Her campaign website claimed that "[w]idespread lawsuit abuse (from personal injury attorneys like Zack Space) has resulted in sky rocketing medial liability insurance premiums, costs that are passed on to patients and have driven many doctors out of practice." In addition, Padgett used tort "reform" as a part of her health care reform plan. According to the Chillicothe Gazette, "Padgett said she plans to focus on three health care priorities, if elected: small business health plans, tort reforms and health savings accounts." [Chillicothe Gazette (Ohio), 10/25/06] Padgett lost to Space by a margin of 24 percent. ###

Controversial Kentucky Plane Crash Attorney Fights Back Against Lawyer Criticism in the Wake of the Tragic Comair Flight 5191 Plane Crash

blog@www.daryltdixonlaw.com (News Author)1717 — Thu, 07 Sep 2006 08:00:00 EST

I agree with the many folks that think the Lawyers Ads placed in the Lexington Newspapers days after the Comair Flight 5191 Plane Crash in Kentucky were tacky. I almost think that is an understatement. But there are some things most people need to know and it is time that a Kentucky Personal Injury and Wrongful Death Attorney stepped up and explained the situation. Point Number One: All of the ads that were posted in the Lexington papers days after the Flight 5191 Crash were placed by OUT OF STATE ATTORNEYS. The ads came from Chicago and New York and other major Metropolitan Areas. These "Tacky" Law Firms had very little to no compassion for our communities and the families of these vicitims. Since I went to undergraduate school in Lexington, I consider this my community. In times of Crisis, Communities such as Lexington, Ky need time to heal. They need time to grieve and time to think before being bombarded by Ads from OUT OF STATE LAW FIRMS LOOKING FOR A CASE. Point Number Two: You should be proud of those in the Kentucky Bar Association, Our Attotrney General and members of the Kentucky Academy of Trial Attorneys. It was member of these organizations that stepped to the forefront to answer many of the Unanswered Questions. First, Attorney's Offices state wide took time to comfort Citizens of the Commonwealth and answer their Questions about this Tragedy. These Lawyer services took time away from other cases and their daily routines. This happens to us all the time and goes unnoticed. Hurrican Katrina, 911 and anytime there is National Tragedy such as Flight 5191, we feel a duty to answer questions, if we can. If we can't we network and research until we get the answers and then get back with those who asked the questions. Point Number Three: Thank God for Attorneys like Robert Clifford and David Wombles who stepped up and answered the call to hold Comair and the Lexington Airport accountable for this Tragedy. They wasted no time once they were contacted by members of one family in making sure that one day these Negligent Parties would have to make amends and explain to a Jury of the People of the Commonwealth, exactly what happened. I don't know these Lawyers personally but I hope to meet them one day and express my gratitude. After all, as Member of the Kentucky Bar Association, we lost one of our cherished and most talented Attorneys, Mr. Leslie Morris. Point Number Four: Lawyers in the State of Kentucky are held to a STRICT STANDARD OF ETHYICS. We must abide by these standards or lose our lisence to Practice Law. Our Attorney General sent us a reminder only days after the Flight 5191 Tragedy reminding us that we are not to solicit families of the Vicitms for 30 days under Kentucky Law and 45 days under Federal Law. Any Lawyer found violating these rules would be punished. Point Number Five: The Insurance Companies and Airlines don't have STRICT STANDARD OF ETHICS. IT MADE ME SICK when I read that Comair and their Insurance Companies were offering families of the Victims $25,000.00 for their Negligence and for the Wronguful Death of these passengers. Hopefully these families sought the advice of a Lawyer when these offers were made. A Kentucky Lawyer will help them understand the situation, the claims available to them and allow them to make an Educated decison based on the facts and the law. Shame on Comair and its Insurance Carrier and please do not Humiliate and Insult the People of this great State with such an INEPT OFFER AGAIN! Point Number Five: Contact friends and family and get this message out that Ethical Kentucky Lawyers are not the problem in this situation. Ethical Kentucky Lawyers will aid in the Solution. Call the Attorney General's Office and let them know that you are proud to be a Kentuckian and that you are proud of the way your Kentucky Bar handles itself in times of National Crisis. Last Point: Go to my website at daryltdixonlaw.com and sound off on these and related issues. Let me know and I will alert other Kentucky Lawyers and to how Citizens of the Commonwealth of Kentucky are dealing with possibly the worst tragedy in this States History. Most Respectfully, Daryl T. Dixon Attorney At Law

First Comair Flight 5191 Plane Crash Wrongful Death Complaint in Kentucky

blog@www.daryltdixonlaw.com (News Author)1696 — Tue, 05 Sep 2006 08:00:00 EST

Family of Rebecca Adams Files First Lawsuit in the Fatal Comair Flight 5191 Plane Crash in Kentucky

blog@www.daryltdixonlaw.com (News Author)1695 — Tue, 05 Sep 2006 08:00:00 EST

The family of Rebecca Adams was the first to file a Lawsuit as a result of the Fatal Comair Flight 5191 Plane Crash in Lexington, Kentucky. The family, who is represented by Robert Clifford of the Clifford Law Offices, Chicago, Illinois and Bobby Wombles and Chad Wadlington of Wombles and Waddlington of Lexington, Kentucky, filed a Notice against Lexington-Fayette Urban County Airport Board a well as a Civil Complaint against Comair. In the official Press Release the Family through their attorneys state that the importance of filing the notice Friday September 1, 2006, is a Kentucky State Statute that could apply to this action requiring that notice of any potential claims against the Lexington Airport be filed WITIHIN SEVEN DAYS of the event. Additionally, the family wanted to ask the Court to preserve all evidence involved in the tragic crash that killed 49 of 50 people aboard. To view the official press release please visit www.cliffordlaw.com under news and publications. To view the Complaint filed by the Family click on the link to my website. Daryl T. Dixon

First Lawsuit Filed in the Comair 5191 Kentucky Plane Crash

blog@www.daryltdixonlaw.com (News Author)1692 — Mon, 04 Sep 2006 08:00:00 EST

Air Traffic Controller in Comair Flight 5191 Crash Had Two Hours Sleep Leading up to the Fatal Plane Crash in Kentucky

blog@www.daryltdixonlaw.com (News Author)1682 — Thu, 31 Aug 2006 08:00:00 EST

Merck Ordered to Pay $51 Million in Louisiana

blog@www.daryltdixonlaw.com (News Author)1679 — Tue, 29 Aug 2006 08:00:00 EST

New Orleans, La-- Merck and Co. was hit with a $51 Million Verdict by a Federal Jury. The Jury ordered the drugmaker to pay retired FBI agent Gerald Barnett $50 Million in Compensatory Damages and added $1 Million in Punitive Damages. The New Orleans Jury found that Merck "knowingly misrepresented or failed to disclose" informaiton about Vioxx to Barnett's Doctors. The Federal Jury found that Merck "acted inh wanton, malicious, willful or reckless disregard for the Plaintiff's rights." Source: Paducah Sun, August 18, 2006

Kentucky Trial Attorney Killed on Comair Flight 5191 Plane Crash in Lexington

blog@www.daryltdixonlaw.com (News Author)1678 — Tue, 29 Aug 2006 08:00:00 EST

Lexington, Ky, August 28, 2006-- Leslie W. Morris, a member ot the Stoll, Keenon,, Ogden Law Firm in Lexington, Ky along with his wife Kaye were killed in the tragic plane crash known as Flight 5191 headed to Atlanta, Ga. Mr. Morris had been practicing law for 49 years and was known around the Commonwealth and the Country as a highly respected Trial Lawyer. He and his wife Kaye were headed to Alaska on vacation. Mr. Morris practiced mainly in Condemnation Work and Products Liability Defense. He was a member of the Kentucky Bar Association and the highly prestigous American College of Trial Lawyers. He will be sorely missed among the Kentucky Bar Members. I wish his family members the best in dealing with this tragedy and they will be in my thoughts and prayers. Daryl T. Dixon Attorney At Law