Blog 
Accidents
- Motorcyclist Injured by Pothole in Road Settles Suit
- $32.2 Million Verdict From Auto Crash Upheld
- Suit for Injuries Caused by Tent Collapse Settled
- Enterprise Rent-A-Car Failure to Respond to Vehicle Recall Results in $15 Million Verdict
- Defective Guardrail Suit Settled for $15 Million
Insurance Claims
- Credit Insurance Class Action Against Resource Life to Proceed
- Health Insurers Reimbursement Rates Target of Class Action
- Cancellation of Insurance Leads to $37 Million Verdict
- Insurer Systematically Underpaid Claims, Lawsuit Says
- Insurance Companies' License To Kill: ERISA
Employment Law
- Female Police Lieutenant Files Sex Discrimination Lawsuit
- Unfair Assignments, Harassment & Retaliation Lead to $1 Million Race Discrimination Settlement
- Pregnancy Discrimination Suit Against Police Department Settled
- Sex Discrimination Suit by Female Sales Reps Against Sanofi Settled for $15 Million
- Disability Discrimination Suit Filed Against Toyota by Former Workers
Overtime & Wages
- Retail Managers Settle Overtime Suit
- Kroger Managers Seek Unpaid Overtime in Class Action Suit
- Construction Workers To Receive $2.2 Million In Back Wages
- Computer Network Technicians File Class Action Suit for Overtime
- Working Through Breaks & On Call Time Lead To Overtime Lawsuit
Workers' Compensation
- Workers Comp Suit Against Wal-Mart Certified As Class Action
- Death From Miner's Death Suit Against Massey Energy Settled for $2.1 Million
- Employee's Commute Ruled Within Course of Employment Under Kentucky Workers Compensation Law
- Worker At 3M Plant Electrocuted
- Workers Sue over Plant Explosion
Disability Insurance
- Doctor With MS Wins Suit For Disability Benefits Against Hartford Life
- Disability Insurance Benefits Reinstated By Court -- Lexington Disability Benefits Lawyer
- Disability Insurer Tainted Claims Process By Providing Negative, Unfounded Information About Claimant to Medical Records Reviewer
Family Safety
- Homeowners Sue Over Sewage Damage
- Understaffing at Nursing Homes Leads to $670 Million Verdict
- Nursing Home Death Results in $29.1 Million Verdict
- $30.3 Million Asbestos Exposure Award Affirmed
- Patient Safety Endangered By Prosecution of Whistleblowing Nurse
Whistleblowers
- Nurses Fired After Reporting Doctor's Substandard Care Settle Wrongful Termination Cases for $750,000
- Overbilling of Government May Yield $1 Billion Recovery in Whistleblower Case Against Oracle
- Whistleblower Sues Sheriff for Wrongful Termination
- Orthopedic Surgeons Charged With Medicare Fraud in Whistleblower Suit
- Safety Complaints Led to Firing, Whistleblower Claims
General
- Bank Sued for Investment Losses
- "Subjected to Sexual Harassment for Several Years" Firefighter Files Suit
- Tort Reform Seeks to Limit the Ability of Trial Juries to Level the Playing Field
- Fifth Third Bank Sued Over Overdraft Fees
Kentucky Employment Law Blog 
- "Similarly Situated" Employees Need Not Have the Same Supervisor
- Causation in Retaliation Case Demonstrated by Encouragement of Supervisor With Knowledge of Protected Activity, Second Circuit Rules
- The Cold Shoulder: Supervisors' Conduct Toward Employee That Complained of Discrimination As Proof of Retaliatory Intent
- Retaliation Verdict For Employee Fired Less Than Three Weeks After Complaining of Age Discrimination Upheld
- Drug Sales Reps Not Exempt From Overtime, Second Circuit Rules
- Supreme Court To Decide Whether Retaliation Ban Applies to Family Members and Others Closely Assoiciated With An Employee that Complains of Discrimination
- Where Employer Induced Employee to Accept Employment by Subsidizing Employee's Commute, the Employee's Death While Commuting Was Compensable under Kentucky Workers Compensation Law
- Doctor Subjected to Sexual Harassment and Hostile Work Environment by Clinic Owner, Fourth Circuit Rules
- Injured Workers At Social Security Retirement Age Limited to Two Years Kentucky Workers Compensation Benefits, Kentucky Supreme Court Rules
- Public Employees' Have No Privacy Rights In Text Messages Sent on Employer-Issued Phone, Supreme Court Rules
Abell Law Blog
- Complex Regional Pain Syndrome and Disability Benefits
- Elena Kagan Confirmed to Supreme Court by 63-37 Senate Vote
- “This is a business court. Now it’s the era of the corporation and the interests of business.” -- The Supreme Court That We Have
- Tort Reform Shortcomings Shown by BP Gulf Oil Rig Disaster
- Supreme Court Increasingly Hostile To Individual's Claims
- Only "Some Degree of Success" Necessary for Award of Attorney's Fees Under ERISA, Supreme Court Rules
- Bourboun County Crash Kills Cynthiana Teenager
- Supreme Court Nominee Kagan On the Confirmation Process
- Virginia Malpractice Attorney Ben Glass On a Frivolous Defense to a Medical Malpractice Claim
- Hartford's Conflict of Interest Causes Reversal Of Disability Benefits Termination
News
Frivolous Lawsuit Filed Over Alleged Video Game Addiction
Posted on 8/30/2010
Fibromyalgia Relief From Tai Chi
Posted on 8/19/2010
Greater Protections for Employee Benefits Forthcoming
Posted on 8/14/2010
Wage & Hour & Overtime Violations In Health Care Industry Investigated
Posted on 8/11/2010
Kagan Confirmed to Supreme Court by 63-37 Senate Vote
Posted on 8/5/2010
Library
Accidents
- Toyota Prius Class Action Lawsuit Complaint
- Class Action Lawsuit against Toyota in Kentucky
- Comair Crash: Court Rules Pilot Negligence "Substantial Factor"
- A Guide To Getting Differential Diagnosis Evidence Admitted
- Bicycle Accidents - Bicyclist Does Not Assume Risk of Defective Roadway - Cotty v. Southampton
Insurance Claims
- Are life insurance benefits payable where death results from accidentally running a stop sign? Since an ordinary person would characterize running a stop sign as an accident, life insurance benefits payable for an accidental death must be paid.
- Uninsured Motorist (UM) Benefits May Be Recovered In Work Death Kentucky Court of Appeals Rules In State Farm v. Slusher
- What are the Insurance companies' "Tricks of the Trade?"
Employment Law
- What supports a damages award in a wrongful termination or retaliation case? A long-term career cut short, prolonged unemployment and destructive impact on the fired employee's family life supported a jury verdict awarding $650,000 for emotional distress.
- $650,000 Emotional Distress & Punitive Damages Award Against UPS Upheld - Fischer v UPS
- Disability Discrimination In Violation of Americans With Disabilities Act - Complaint
- Family Medical Leave Act Complaint - Chaplin v Cobb-Vantress
- Kentucky Whistleblower & Free Speech Response to Petition for Rehearing
Overtime & Wages
- Kroger Managers File Class Action Overtime Lawsuit
- Pharmaceutical Sales Reps Not Exempt from Overtime Pay Requirements - In Re Novartis Wage & Hour Litigation
- Complaint for Unpaid Wages - Vested Vacation Pay
- Unpaid Overtime and Wages Class Action Suit Against Bank of America
- Are Mortgage Loan Officers Exempt from Overtime Pay Requirements?
Workers' Compensation
- Employee's Commute To Work Within Course of Employment Under Kentucky Workers Compensation Law - Fortney v. Airtran Airways
- Kentucky Workers Compensation; Back Injury - Land v Frito-Lay Opinion and Award
- Kentucky Workers Compensation Back Injury; Opinion & Award -- Archer v Back Construction
- Recovery of Damages Against a Co-Worker For Injuries Sustained on the Job
- Recovery of Workers Compensation Benefits Not Barred by Recovery of Damages in Injury Suit Against Third-Party
Disability Insurance
- Disability Benefits Terminated? Did the Insurance Company consider your doctors' opinions and evaluations?
- Disability Benefits Terminated? An Insurance Company's Failure to Consider Treating Doctor's Opinions Violates Federal Law - Love v. National City
- Termination of Disability Insurance Benefits By Sun Life Ruled Arbitrary and Capricious
- Termination of Disability Insurance Benefits by Sun Life Was Arbitrary and Capricious, Court Rules
- Ignoring and Fabricating Evidence: The Hartford Life Claims Process
General
Blog
Accidents
Winchester Man Dies From Car Crash
A Winchester man, Allen Terry, died Sunday, October 11, 2009, as a result of a car crash on Bybee Road. The accident occurred on Wednesday, October 7, when Mr. Terry's car crashed into a brick mailbox.Source: Lexington Herald-Leader
Georgetown Woman Killed In Crash - Kentucky Accident Lawyer
A Georgetown woman, Natasha Jones, was killed on Wednesday, September 16, 2009, in a car crash on Anderson Road in Scott County. The crash was a single car accident and happened about 10:30 p.m.Lexington, Kentucky accident lawyer Robert L. Abell represents accident victims in car crash cases.
Source: Lexington Herald-Leader
Carrollton Crash Kills Tennessee Man - Kentucky Accident Lawyer
A Tennessee man, Michael Anderson of Parsons, was died from a car crash Friday, September 11, 2009, near Carrollton. Mr. Anderson was traveling east of Carrollton on Ky. 36 at the time of the accident.Source: Lexington Herald-Leader
$3.1 Million Verdict for Drunk Driving Victim
A jury has awarded $3.1 million to a drunk driving car crash victim in Wisconsin reports the Eau Claire Leader-Telegram, "Drunk Driving Crash Victim Awarded $3.14 Million." The award included the following: $750,000 for future medical expenses; $250,000 for past and future lost earnings; $1.75 million for past and future pain, suffering, disfigurement and disability; $375,000 in punitive damages and $17,588 in out of pocket expenses.Lexington, Kentucky accident lawyer Robert L. Abell represents individuals injured in car crash and accident cases.
Man Killed In Spencer County Crash
A car crash in Spencer County on Sunday, August 23, 2009, killed a Taylorsville man, Kevin Hatzman. The accident happened about 3:30 p.m. when Mr. Hatzman was driving north on Ky. 1539.Source: Lexington Herald-Leader
US 42 Crash Kills One, Injures Two -- Kentucky Accident Lawyer
A car crash on U.S. 42 in Boone County near Verona has killed one and injured two. About 6:30 pm Saturday, July 11, 2009, William Beach of Florence, was killed in an accident that injured Alan Baxter and Debra Baxter of Sparta. The Baxters were taken to nearby hospitals for treatment.Two Car Crash Near Somerset Kills One -- Kentucky Accident Lawyer
One woman, Amanda Neely of Pulaski County, was killed and three other people badly injured in a two-car crash about 15 miles south of Somerset in Pulaski County on U.S. 27 early Thursday, July 9, 2009. The injured, Ashley Worley and Michael Messamore of Somerset and Joshua Ware of Ferguson were flown to UK medical center for treatment. State police were continuing their investigation early Friday morning, July 10.Source: Lexington Herald-Leader
Harrodsburg Woman Killed In Car Crash, Driver Flees Scene -- Kentucky Car Wreck Lawyer
A Harrodsburg woman, Kristine Taylor, was killed in a car wreck in Mercer County on Thursday, July 2, 2009, on Cornishville Road. The car Ms. Taylor was riding in crashed through a fence. The driver of the car fled the scene. Mercer County law enforcement was looking for the driver as of Saturday morning, July 4.Source: Lexington Herald-Leader
Lexington Man Killed In Morgan County Crash - Lexington Accident Lawyer
Ron Zavitz of Lexington was killed Friday, June 26, 2009, in a car crash in Morgan County. Mr. Zavitz was driving north on Ky. 519 near West Liberty when a pickup truck crossed the center line and hit his car.Ron Zavitz was an avid golfer, both an excellent player and teacher.
Source: Lexington Herald-Leader
I-64 Crash Kills Virginia Beach Woman - Kentucky Accident Lawyer
A car crash on I-64 Tuesday, June 23, 2009, near Frankfort killed a Virginia Beach woman, Patricia Mann.Mann was riding in a van driven by Alice Justice of Hampton, Virginia, which lost control, entered the median and turned over. Justice was treated for injuries at the Frankfort Regional Medical Center. The accident happened about 1:00 p.m. in Franklin County as the van was traveling west.
Source: www.kentucky.com
One Killed, Many Injured In Pulaski County Crash - Kentucky Accident Lawyer
A Harlan County woman was killed and many other persons injured Tuesday, June 16, 2009, in a car crash in Pulaski County reports kentucky.com, "Woman Dies In Pulaski County Crash." Sherry Madon of Putney in Harlan County was killed on Ky. 80 west of Pulaski County when the 1998 Saturn she was riding in crossed the centerline and collided head-on with a dump truck. The driver of the car Madon was riding in, Carl Madon also of Harlan County, was injured as was a child. The dump truck driver, Jerry Creek of Manchester, was also injured. The wreck happened about 7:20 a.m. 14 miles west of Somerset.I-64 Crash Kills West Liberty Man -- Kentucky Accident Lawyer
A car and truck crash on I-64 in Rowan County killed a West Liberty man, Clark Legg, on Monday, June 15, 2009, reports kentucky.com, "West Liberty Man Dies In I-64 Crash." According to the report, Mr. Legg was driving westbound on I-64 when his Ford Ranger was hit by a tractor trailer. It was also reported that Mr. Legg was not wearing a seat belt at the time of the accident.Clay County Crash Kills Two - Kentucky Car Accident Lawyer
A truck crash on the Hal Rogers Parkway in Clay County Monday, June 15, 2009, killed two men reports kentucky.com,"Fiery Crash On Parkway Kills Two." The accident was a head-on collision between a pickup truck and a tractor trailer after the pickup truck crossed the center line. The tractor trailer was not carrying any fuel. Nonetheless, the wreck caused both vehicles to explode in flames and both drivers were killed. The accident happened about 3 p.m. three miles east of Manchester.The men were identified Tuesday as Richard Napier of Manchester and Jimmie Baker of Bulan by kentucky.com, "Clay County Crash Victims Identified." Napier drove the pickup truck and Baker the tractor-trailer. Neither drug nor alcohol use was suspected.
Bell County Crash Kills One, Injures Two
A car crash in Bell County has killed one person and injured two reports kentucky.com, "Bell County Crash Kills Woman." Martha Whitehead of Pineville was killed Tuesday, June 9, 2009, in a wreck on Ky. 119. Her car collided with a pickup whose driver, Johnny Noe, was taken to Knoxville for treatment and whose passenger, Eric Noe, was treated at Pineville Community Hospital.Harrison County Car Crash Kills Guardsman - Kentucky Car Accident Lawyer
A car crash in Harrison County on U.S. 27 killed a Cynthiana man and National Guardsman, Daniel Westfall, early Sunday, June 7, 2009, reports kentucky.com, "Guardsman Dies In Auto Accident." Mr. Westfall returned earlier this spring after service defending our country in Afghanistan. The wreck happened about four miles outside Cynthiana.Pike County Man Killed In Car Crash
A Pike County man, Donnie Abshire of Phyllis, was killed Monday, June 8, 2009, in a single-car crash reports kentucky.com, "Crash Kills Pike County Man." The wreck happened on Ky. 194. The driver of the car, James Mullins also of Phyllis, was evacuated by helicopter to Kingsport, Tennessee for medical treatment.Car Crash On Old Richmond Road Kills Lexington Woman
A car crash on Old Richmond Road killed a Lexington woman, Cierra James, early Wednesday, May 27, 2009, reports kentucky.com, "Lexington Woman Dies In Crash On Old Richmond Road." The car wreck happened about 2 in the morning. Meredith Browning of Lexington and a passenger were taken to UK hospital for treatment.Gallatin County Car Wreck Kills One, Injures Four
A car wreck on U.S. 42 in Gallatin County Sunday night, May 24, 2009, killed one person and injured four others according to a report on kentucky.com, "One Killed, Four Hurt In Gallatin Wreck." Lonna Kehrer of Sanders was killed. Cindy Keith and two children, all from Norwood, Ohio, were badly injured. Brian Ritche of Bluff City, Tennessee was treated for minor injuries after the car crash.Gallatin County Crash Kills Tennessee Woman
A car crash on I-71 in Gallatin County killed a Tennessee woman on Saturday, May 23, 2009, according to a report on kentucky.com, "Tennessee Woman, 80, Dies In Car Crash." Ida Hyder of Murfreesboro was a passenger in a car that crossed the median before colliding with the guardrail on the opposite side; Amy Phillips, also of Murfreesboro, was also injured in the wreck and taken to University of Cincinnati hospital for treatment.Kentucky Employment Law Blog
Free Consultation
Robert Abell
120 North Upper Street
Lexington, KY 40507
Phone: (859) 254-7076
Fax: (859) 281-6541
Get Directions
FAQs
Accidents
- What damages can be recovered if my spouse is killed in a car wreck?
- What is the Kentucky statute of limitations to file suit for injuries caused in an automobile accident?
- Can you recover damages for loss of a spouse's companionship because of injuries caused by another's negligence?
Insurance Claims
- Can you sue an insurance company for deceptive practices?
- Is it illegal for an insurance company to delay paying a claim?
- How long can an insurance company take to settle a claim in Kentucky?
Employment Law
- If I'm paid a salary does that mean I'm exempt from overtime?
- Does a job title determine whether an employee is exempt from overtime pay requirements?
- What employees meet the "admininsrative" exemption to the overtime pay requirement?
Workers' Compensation
- What is the average weekly wage for Kentucky workers compensation for 2009?
- If I am receiving Social Security retirement benefits and I am hurt on the job, for how long can I receive Kentucky workers compensation benefits?
Can I choose my own doctor to treat my work injury?
Disability Insurance
- My disability insurance company is the Hartford Life group and it has paid its medical evaluator, the University Disability Consortium, $13 million since 2002. Will the review of my claim for disability insurance benefits be fair and unbiased?
- What medical conditions are disabling?
- What does ERISA refer to?
Employee Benefits - ERISA
- What are the duties of a fiduciary of an employee pension plan?
- What is a fiduciary?
- What pension plans does ERISA cover?
Family Medical Leave Act - FMLA
Is medical leave due to pregnancy covered by the FMLA?
- Can my employer change my health insurance because I'm on FMLA leave?
- How can an employee prove that he or she suffered from a "serious health condition" that entitled her to leave under the FMLA?
Sex Discrimination
- What would constitute a hostile work environment based on sexual harassment?
- I am treated differently than my co-workers, who are five men and one woman. My boss treats the other woman in our group different than me but the same as the man. Does this mean that I cannot successfully claim sex discrimination?
Whistleblowers
- Can I be fired for reporting Medicare fraud?
- Do whistleblower laws protect a private company employee in Kentucky?
- What kind of disclosures or whistleblowing is covered by the Kentucky Whistleblower Act?