Louisville Personal Injury Lawyer - Wrongful Death

Kentucky Supreme Court Extends Spouse Loss of Consortium Beyond the Death of the Spouse

Karl Truman — Wed, 28 Oct 2009 14:46:00 GMT

Kentucky law has long held that a consortium claim was based in common law and historically it ended with the spouse's death. The reasoning was that death terminated any possibility of a spousal relationship and the loss would be covered by the wrongful death statute.

The effect of this law meant that if a spouse was killed through the negligence of others, the surviving spouse did not have a claim for the loss of love and affection of their spouse. The Court held that it would defy common sense to suggest that consortium damages could accrue for an incapacitated spouse, but not for one that had died. It would also provide a perverse incentive to tortfeasors who would be encouraged to kill persons by their negligence, rather than simply injure or maime them.

This is a significant ruling for husbands and wives who's spouse is killed by the negligence of others to hold the wrongdoer responsbile for the injury and pain they have caused.

Originally posted at InjuryBoard by Karl Truman

Unborn Fetus Not a "Child" Under Wrongful Death Statute

Karl Truman — Mon, 07 Sep 2009 11:52:00 GMT

On March 21, 2007, Megan Nelson, was 9 months pregnant with a baby girl. She was driving her car on State Road 10 in Newton County, Indiana. A semi-tractor passing another car hit Megan head-on. Megan and her unborn baby were both killed in the automobile crash.

In addition to a wrongful death claim for his wife Megan, the father also filed a wrongful death claim for his child. The baby was a full-term viable fetus. The Indiana Court of Appeals ruled that although the baby was a viable, full-term fetus, under Indiana law, a fetus is not a child for purposes of the wrongful death statute. The Court therefore dismissed the claim by the father against the truck driver for negligently killing his unborn baby. Ramirez v. Wilson

I think the public would be shocked to know that the State of Indiana places a greater value on unborn livestock than an unborn child! (Unborn livestock is considerd a loss of property for which you can collect damages.)

Fortunatly, in response to this case, organizations such as the Indiana Trial Lawyers Association, successfully pushed to pass legislation to change the definition of a "child" under the wrongful death statute to include "a fetus that has attained viability" so hopfully such an injustice will not happen again.

Originally posted at InjuryBoard by Karl Truman

Substantial Damages Awarded to Hunter's Widow

Karl Truman — Wed, 18 Feb 2009 17:32:16 GMT

An Indiana jury has ordered three companies to pay $157 million to the family of a man who died after the tree stand he was using to hunt deer malfunctioned. Jurors reached the verdict after the defendants, L & L Enterprises in Hattiesburg, Miss., Ol' Man Tree Stands in Jay, Fla., and TSR Inc. in Pace, Fla., failed to appear or present a case. In 2007, the Consumer Product Safety Commission recalled about 9,000 Ol' Man tree stands because of safety problems. Sophia Voravong, Journal & Courier Online 02/18/2009 Read the full article at the Journal & Courier Online

Karl Truman

Originally posted at InjuryBoard by Karl Truman

Thirteen Year Old Boy Collapsed and Died During Basketball Practice

Karl Truman — Thu, 05 Feb 2009 08:57:21 GMT

In November 0f 2003, a thirteen year-old boy was an 8th grade student in the Clay Community School Corporation in Brazil, Indiana. He was a member of the basketball team.

During basketball practice, he collapsed and briefly lost consciousness. The coach told the boy's mother that the collapse might have been because the boy did not eat lunch that day. The boy's mother instructed that he was not to do running drills or physical exertion until she could have her son checked out by a doctor. She allowed the boy to attend practice, but only walk.

At the next practice, the boy told the coach that he felt fine, so the coach let him fully participate in the practice. The boy again collapsed, but this time, he was not as fortunate. He was transported by ambulance to the hospital where he died of a heart condition.

The case went to trial in the Clay Superior Court where the jury rendered a verdict for the parents against the school for $425,000.00.

Originally posted at InjuryBoard by Karl Truman

Pleasure Ridge Park Football Coach Charged with Reckless Homicide

Karl Truman — Mon, 26 Jan 2009 20:53:20 GMT

PRP head coach David Jason Stinson has been indicted on the charge of reckless homicide for the death of one of his players. One of his players, 15 year old Max Gilpin died from heat stroke suffered during football practice. His body temerature reached 107 degrees.

From the facts I have read about the case, the coach and the school should be held accountable for this preventable death. From my experience as a trainer in the U.S. Army, hydration in heat exposure is taken very seriously and must be closely monitored. An Army commander in this situation would be relieved of command and face serious disciplinary sanctions.

In my opinion, many high school athletic coaches are not well trained in how to handle heat exposure. They use denying water as punishment and somehow they feel the kids need to tough it out. I feel this is inexcusable recklessness.

In the Army, we forced our soldiers to drink water even if they said they felt fine. We trained solders to look for signs of dehydration and heat exhaustion in their fellow soldiers. Teammates have to be trained how to look out for each other. In this regard, Coach Stinson failed miserably.

One of the purposes of the civil and criminal justice system is to influence behavior. By holding the coach and school accountable, hopefully other schools and coaches will make sure they are properly educated in how to train responsibly in hot weather and look out for the safety of our children.

Originally posted at InjuryBoard by Karl Truman