San Antonio News-Express columnist Scott Stroud offers an interesting analysis of the political attractions of tort reform as the Gulf of Mexico turns into a giant pool of oil sludge: "Gulf Spill Casts New Light on Tort Reform Debate." The key point quoting University of Texas law professor Charles M. Silver:
"Maybe we'll finally understand that people need to be responsible for the consequences of their mistakes," he said. "And maybe when we understand that tort reform is all about not being responsible for our mistakes, we'll understand that tort reform isn't good for our society." - 1 - 10
Following a tragic crash on I-65 in Hart County, Kentucky on March 26 that killed 11 people ("Hart County Crash on I-65 Kills Eleven") and involved a tractor-trailer from an Alabama trucking company with a history of breaking safety rules, the Federal Motor Carrier Safety Administration proposed Friday a new rule requiring electronic on-board recorders in the trucks of companies with bad safety records.
Here is the news release on the proposed rule: "DOT Issues Rule Requiring Electronic On-Board Recorders for Truck and Bus Companies with Serious Hours-of-Service Violations"
The Lexington Herald-Leader also has an excellent story, "Truck Firm Linked to Crash Under Review"
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A class action lawsuit regarding the Toyota Prius hybrid was filed Friday, February 12, 2010, in federal district court in Covington, Kentucky reports the Lexington Herald-Leader, "Prius Class Suit Filed in Kentucky."
The lawsuit targets all Toyota and Lexus hybrids on behalf of consumers injured as a result of alleged "failures of the braking system in those vehicles." The name plaintiff, Christine Stadler of Georgia, claims she was injured as a result of a defective braking system in her 2005 Toyota Prius hybrid.
The complaint alleges claims of negligence, deceptive business practices, breach of warranty and unjust enrichment. Click here to read the class action complaint. - 3 - 10
A class action defective product lawsuit has been filed by residents of Kentucky, Ohio, Indiana, and Florida alleging injuries and damages from the sudden acceleration defect recently announced in several Toyota models reports the Lexington Herald-Leader, "Scott County Plant Named In Federal Lawsuit Against Toyota." The consumer families are represented by attorney Stan Chesley's firm out of Cincinnati.
A copy of the complaint filed in the lawsuit can be read here. - 4 - 10
Toyota president Akio Toyoda in today's Washington Post addresses the recent recalls of several Toyota vehicles and explains the company's plan of action: "Toyota's Plan To Repair Its Public Image." - 5 - 10
Pilot error was a "substantial factor" in the Comair crash at Bluegrass Field in Lexington, Kentucky, a federal judge has ruled. Senior District Judge Karl S. Forester ruled that reasonable finds could not differ on the issue. A copy of the court's opinion can be read here.
Source: Lexington Herald-Leader - 6 - 10
The number of trucks (tractor-trailers) on parts of I-75 has doubled in the last 15 years. "Big Trucks, Big Challenges: As Truck Volumes Soar and Economy Improves, Experts Warn of Consequences" is the report from the Cincinnati Enquirer on the increased volume of trucks on I-75. Among other things, the Enquirer reports:
Interstate 75 is now the busiest north-south truck route in the United States, making it a modern-day Mississippi River for freight. - 7 - 10
Texting while driving increases the risk of crash 23% a study has concluded. To conduct the study video cameras where installed in the cabs of tractor-trailers for 18 months.
Source: New York Times
Robert L. Abell has published in The Advocate, the official publication of the Kentucky Justice Association, an article on getting differential diagnosis evidence on medical causation admitted at trial: A Guide To Getting "Differential Diagnosis" Evidence Admitted.
Robert L. Abell, a Lexington, Kentucky lawyer, represents individuals and families injured in accident and negligence cases. - 9 - 10
A tractor-trailer truck accident temporarily closed I-75 southbound on Friday, May 29, 2009, reports kentucky.com, "I-75 Southbound Closed By Crash at Tennessee-Kentucky Line." A truck went out of control coming down Jellico Mountain into Kentucky at the state border. - 10 - 10
Robert Abell
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