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Sick Truckers On The Nation's Highways Hundreds of thousands of truck drivers remain fully licensed and drive commercially on our Nation's highways although suffering from illnesses and physical maladies that would qualify them for federal disability benefits, according to report obtained by the Associated Press many media outlets reported today including the Philadelphia Inquirer. The government agency, the Federal Motor Carrier Safety Administration, responsible for regulating trucking has failed to adopt any of eight important safety regulations that were suggested by experts in 2001. These are very basic such as establishing minimum standards for those officials who determine whether truck drivers are medically and physically capable of driving safely. The report also states that drivers violating federal medical rules have been caught in every state. Robert L. Abell MySpace Photos Destroy Plaintiff's Credibility and Case One of the five biggest mistakes that can wreck a claimant's accident case is misrepresenting or exaggerating their injuries or how they have affected their activities. In a case recently tried in Raleigh, North Carolina, the plaintiff claimed that long-lasting effects of a brain injury sustained in a car and truck accident had destroyed and derailed her plans to become a teacher, according to a report in Lawyers USA. But her MySpace page told a different story as it includes pictures of the plaintiff at parties and entries describing her job searches and classes she was taking. The MySpace posting seriously undermined the plaintiff's injury claims and the jury rejected completely her case. Robert L. Abell Scorsone for Fayette Circuit Judge State Senator Ernesto Scorsone has announced his intent to seek the Fayette Circuit Judge seat recently vacated by the retirement of Judge Sheila Isaac. His decision will apparently trigger a significant shuffling of the Fayette County legislative delegation, according to the Lexington Herald-Leader. Sen. Scorsone has proved himself through a dozen years service in both the state House and Senate to be one of Kentucky's hardest-working and most thoughtful and conscientious public servants. His addition to the Fayette Circuit bench promises to extend a distinguished career of public service. Count this author among those urging Scorsone for Fayette Circuit Judge. Robert L. Abell Worst Insurance Companies: The Top Ten The worst insurance companies in the United States were identified by the American Association for Justice (AAJ) following a comprehensive review and analysis of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, new accounts from across the country, and the testimony and depositions of former insurance agents and adjusters. The AAJ's report The Ten Worst Insurance Companies in America; How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need It Most found that one company stood out above all the others and thus became the titleholder of the worst insurance company in America: Allstate. The rest of the top 10 were as follows: Unum, AIG, State Farm, Conseco, WellPoint, Farmers, UnitedHealth, Torchmark and Liberty Mutual. AAJ's report includes some eye-popping statistics regarding the enormous profits reaped by the insurance industry and the huge reductions in claims payments:
There is a lot of money in collecting premiums and not paying claims. Robert L. Abell Parents' Underinsured Motor Vehicle Coverage Applies to Vehicle Owned by Child Underinsured motor vehicle insurance (UIM) coverage that parents purchased applied to the passenger (one of their children) who was tragically killed in a truck owned by another of their children the Kentucky Supreme Court ruled in Williams v. State Farm (No. 2006-SC-000856 decided June 19, 2008). The key issue, as the Court saw it, was whether the truck was "furnished" to the driver, one of their children who lived with them. Since it was undisputed that the child owned the truck, the Court concluded that the truck was not "furnished" to him within the meaning of the policy. Therefore, the Court ruled that the parents' UIM coverage applied. Robert L. Abell Nurses Report Staffing Shortages Impact Patient Care An American
Nurses Association "Safe Staffing" poll of more than 10,000
nurses reports widespread concern that inadequate nurse staffing is
negatively impacting the quality of patient care, according to Dr.
Kevin Kavanaugh in "Hospitals
Reckless to Leave Floors Short of Nurses" published by the
Lexington Herald-Leader on
June 28. Of the nurses polled almost 75% reported that staffing on
their units is not sufficient, well over half knew a colleague that
had left nursing because of concerns for short staffing, and that
almost 50% would not be confident in the care provided a loved one
by the hospital where they worked. Robert L. Abell Fairness of Consumer Arbitration Procedures Questioned Business Week reports in "Banks vs. Consumers (Guess Who Wins)" that National Arbitration Forum (NAF), one of the country's largest for-profit arbitration companies courts corporations against consumers by claiming that it will enable credit card companies to markedly increase their recovery rates over their existing collection methods. Business Week also reports that NAF marketing materials brag that creditors may use NAF procedural maneuvers to tilt the process in their favor. A Harvard Law School professor testified under oath that she found NAF processes so unfair and biased that she resigned as an NAF arbitrator, Business Week also reports. Arbitration provisions are contained in many consumer agreements and many consumers unknowingly and unwittingly agree to submit a dispute to be decided by an arbitrator. There are strong incentives for arbitration companies to favor the corporations that are their best customers. Ask yourself: what if a judge solicited cases from big corporations by offering them a business-friendly venue to resolve their disputes with consumers and individuals? Would that be fair? Robert L. Abell Food-Borne Illness Case Settled As a salmonella outbreak tied to tomatoes has spread into 22 states and the Food and Drug Administration continues to fail to protect the American public, the Associated Press reports the settlement of a food-borne illness case from Milwaukee involving the death of a 3 year old girl from an e-coli related syndrome. The case involved exposure to tainted meat in 2000 at a Sizzler restaurant in Milwaukee. Along the way, a trial court judge dismissed the case on preemption ground, accepting the meat producer's argument that it should not be held liable, accountable or responsible because it had complied with FDA regulations in handling the beef. The lawyer for the child's family described the case "as a study in perseverance." It is also a case study of how inadequate FDA regulation is in protecting the public and how essential is state tort law in holding corporations accountable to that public. Robert L. Abell
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ROBERT L.
ABELL 866-578-5302 TOLL FREE
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Robert L. Abell is a
Personal Injury and Accident lawyer for Lexington, Winchester, Paris,
Georgetown, Frankfort, Versailles, Nicholasville, Richmond, Lancaster, Stanton,
London, Corbin, Shelbyville, Danville, Lawrenceburg, Williamstown,
Jeffersontown, Louisville, Harrodsburg, Campbellsville, Liberty, Bardstown,
Covington, Columbia, Elizabethtown, Newport, Pikeville, Ashland, Morehead,
Jackson, Cynthiana and other communities located in central and eastern Kentucky
and Fayette County, Scott County, Clark County, Madison County,
Laurel County, Powell County, Morgan County, Breathitt County,
Harrison County, Woodford County, Bourbon County, Jessamine County,
Mercer County, Boyle County, Anderson County, Shelby County,
Jefferson County, Owen County, Franklin County, Grant County, Boone
County, Kenton County and elsewhere in Kentucky. |
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