Poppe Law Blog 
- The Tort Reform Myth Explained....
- Don't Want To Get Sick? Don't Go Here....(hint, it's the last place you'd guess)
- Drunk Drivers Get Locked Out....
- Ohio Doctors Get Immunity From Malpractice Suits
- PETA Drops Plan To Use Tiger On Controversial Billboard
- Toyota Accelerator Problem May Have Caused Car Wreck That Led To Criminal Conviction
- Can The Tobacco Companies Get Any More Evil.....
- Will Advertisers Sue Tiger Woods...
- We Reveal Which Kentucky Nursing Home Ranked 2nd Worst In Nation....
- Legal Malpractice--How Your Laywer Can Stick it To You Again....
- Louisville Bat Maker Hit With $850k Verdict
- DWT--Driving While Texting. Death on Kentucky Roads
- Foxes in the Hen House...Whose Really Wrtiting Those Medical Journal Articles?
- We Blow The Whistle On Unsafe Kentucky Trucking Companies.....
- The Secret Reason Why There Are So Many Semi-Truck Wrecks…
- Hans Interviewed on 840 Whas On Commonwealth Dodge 100mph Accident Case
- Is Commonwealth Dodge Liable for Fatal Wreck on Fern Valley Rd
- Lawyers Aren't The Problem With HealthCare Costs- Lexington Herald Editorial Reveals Who Is.....
- Judge Orders Microsoft to Stop All US Sales of Word
- Court Upholds $21.6 Million Bad Faith Verdict
Law News
- Courier Journal Article on Poppe Law Firm $3.9 Million Bad Faith Verdict
- Louisville, Kentucky Jury Awards Poppe Law Firm Client $3.8 million in Insurance Bad Faith Trial
- Jury Award's Poppe Law Firm Client $5.1 Million
- Kentuckians for Nursing Home Reform Invite Hans to Speak at Louisville Event
- Kentucky's Poppe Law Firm Files Accounting Malpractice Complaint Against Major Michigan Accounting Firm
Law We Know
Kentucky Accident Attorney
- Proposed Kentucky legislation to make texting while driving a crime.
- Federal Judge Dismisses Comair Plane Crash Victims Consortium Claims
- Hans Poppe WHAS 11 News Interview on McDonalds Strip Search Trial.
- Jury Instructions in Ogborn v. McDonalds
- Progressive Caught Red-Handed
Ketucky Legal Malpractice Attorney
- Kentucky Legal Malpractice Attorney Article on Lost Punitive Damages
- Tennessee Federal Court Order Suspending William Gallion's Lawer, Herbert S. Moncier from practice of law
- Minnesota Lawyer Must Defend Legal Malpractice Case in Kentucky
- Kentucky Federal Court Finds Jurisdiction Over Minnesota Attorney in Legal Malpractice Lawsuit
- I have a Problem With My Lawyer, What Do I do Now?
Kentucky Medical Malpractice Attorney
- Healthcare Spending Greater in Northeast States
- D.C. Government pays $650,000 to guardian of mental patient who gouged eyes out, going blind.
- A New York single mother had both breasts removed after a mix-up in a medical lab.
- Hospital Residents Still Overworked
- 22% of Stroke Patients Told to Call Physician, Not 911
Accounting Malpractice Attorney
- Doeren Mayhew Accounting Malpractice Complaint
- How To Get Your File From Your Accountant.
- Kentucky Statute Governing Accountant's Duty to Give File to Client
- Kentucky Administrative Regulations Governing Accountants
- Kentucky Staute Requiring Accountant Keep Information Confidential
Unfair Insurance Practices Attorney
- Jury Verdict in Daniels v American Physicians Assurance Corp.
- Kentucky Bad Faith Verdict
- Cincinnati Insurance vs. Hofmeister
- Seven Medicare Companies to Stop Marketing Temporarily
- Kentucky's Unfair claims Settlement Practices Act
Kentucky Nursing Home Neglect Attorney
- Identifying Four Stages of a Bedsore
- Pressure Sores
- Information on the new Medicare Precription Drug Plan
- Kentucky Nursing Home Abuse
- National Coalition for Nursing Home Reform's Guide to Choosing a Nursing Home
Video
General
- Poppe Law Firm April 2009 Newsletter
- Poppe Law Firm November Newsletter
- Louisville Magazine "On the Rise" profile in the Louisville Top Lawyer's issue.
- How to Avoid Getting or Spreading MRSA
- Pamphlet on Kentucky's Open Records Law
Testimonials
- I would like to take this opportunity to write to your law firm and thank you for coming through for me when I lost hope in my previous attorney.
We will gladly be a reference for you, and we certainly will recommend you as the attorney to have in Louisville. You have a gift in the way you are able to communicate with your clients and within the legal system.
My father would have been so proud to know that his case was driven home with such passion and genius. Thank you for giving that jury every tool they needed to hold those people accountable for the torture they inflicted on my Dad.
- Thank you, thank you, thank you, thank you, thank you, thank you...
- You have now made it possible for me to rest assured that I have everything I need now and in the future to cover the expenses of my disability
The Poppe Law Firm Blog
Accounting Malpractice Attorney
Michigan Accounting Firm Sued in Alleged Ponzi Scheme
You can read about the accounting malpractice lawsuit filed against Doeren Mayhew as well as see a copy of the Complaint by going here:The complaint arises out of an alleged ponzi scheme by former Michigan attorney Ed May. Doeren was listed on several documents as being the accounting firm involved in the numerous companies set up by May. Thousands of investors have lost millions of dollars.
Hans
Business Litigation Attorney
Will Advertisers Sue Tiger Woods...
So, everyone is talking about Tiger Woods, his marriage, and his relationships with other women. But, what very few people seem to be talking about is his lucrative endorsements and whether any of them will drop him, or worse, sue him based on the tarnishment of his image.As a business litigation attorney, I can't help but think about all of the potential claims companies may have against Tiger (even Saturday Night Live got in on the joke this weekend). While some endorsement contratcs may have morals clauses, others may not; however, that doesn't mean they can't still get out of those contracts. I think a strong argument can be made that Tiger's announcement today that he is taking an "indefinite" leave from the game of golf, coupled with the image problem created by his "infidelity" makes for a strong argument that there has been a material change in the relationship that should justify a novation of the contracts at the very least. A really smart lawyer (since even this Louisville lawyer can figure this one out) can argue that the sponsors business may actually be damaged by being associated with Tiger and, as a result, they may be entitled to a refund.
Hans
ps At the time I am writing this, it appears Gillette is backing away from Tiger.
Judge Orders Microsoft to Stop All US Sales of Word
I handle business litigation and disputes in and around Louisville, Kentucky for small businesses--I represent the little guy and I always root for the little guy taking on the big guy. And here is a case where you can really root for the little guy.In a David v Goliath showdown, it appears round one goes to David. In what has become a very interesting intellectual property dispute, tiny software manufacturer Toronto-based i4i, which has 30 employees, claims that Microsoft violated an obscure patent related to Extensible Markup Language or XML. It's a key software component of many websites and
compute
r programs, including Word. Tuesday, Texas Federal District Court Judge Leonard Davis agreed with i4i and entered an order fining the software giant Microsoft $290 million and ordering them to stop selling Word in the United States.
Judge Davis' ruling came following a jury verdict that found that Microsoft had infringed on i4i's 1998 patent. The jury awarded $200 million and Judge Leonard Judge Davis ruled that Microsoft should pay i4i an additional $40 million for its willful infringement of the i4i patent. Microsoft also was ordered to pay slightly more than $37 million in prejudgment interest, including an additional $21,102 per day until a final judgment is reached in the case. The court also ordered Microsoft to pay $144,060 per day until the date of final judgment for post-verdict damages.
i4i was represented by the national business litigation firm McKool Smith.
hans
The Case of the Exorbitantly Expensive Emeralds...
As a Louisville attorney that has handled a number of high dollar breach of contract cases, I followed with interest the highly publicized case of a local Louisville jeweler that was being sued by the Brown-Forman heirs for allegedly sellingAccording to Jason Riley of the Courier-Journal, "Louisville jeweler Jim Jackson does not have to refund $800,000 to the family of former Brown-Forman Corp. chairman Robinson S. Brown Jr. for a necklace he sold Brown in 2005.
Sounds like the right result to me. Sometimes the deal we make in the morning doesn't look so good at night--that doesn't mean the seller commited fraud. Buyer beware.
hans
Was Your Credit Card Information Stolen...
If you live in or around Louisville, Kentucky, you may have noticed a small blurb in the Courier-Journal about a local Jeffersonville, Indiana company called Heartland Payment Systems. It appeared on inaguration day, so I don't blame you if you missed it; however, it is a BIG STORY.... regardless of how little media attention it received.Heartland Payment Systems, based in New Jersey, processes 100 million credit card transactions per month in its processing center in Jeffersonville, Indiana. And therein lies the problem. Heartland President Robert H.B. Baldwin Jr said the company found evidence last week that their had been an electronic "intrusion" occuring for the last several months. Baldwin indicated that both credit-card names and numbers were exposed.
ComputerWorld has a detailed article outlining how this data breach, which may be the largest in history by surpassing the TJX case, has sparked concerns in the industry over how to keep information safe and secure.
The Poppe Law Firm is local counsel in the Countrywide data breach litigation currently pending before an MDL in the Western District of Kentucky. The Poppe Law Firm is also attempting to assist individuals that have received notification that their credit or debit card information was accessed by virtue of the Heartland Payment Systems security breach. Please feel free to contact our office. 502-895-3400
hans
Louisville Based Yum! Ordered to Pay $42 Million Dollar Verdict over Taco Bell Chihuahua Dog.
"A federal appeals court Friday ruled that Taco Bell is solely liable for $42 million in breach-of-contract awards to two Michigan men who created the diminutive mascot that starred in the Irvine fast-food giant's hit $500-million advertising campaign in the 1990s." LA Times article here.
The business litigation dispute began in 1998 when Joseph Shields and Thomas Rinks of Grand Rapids, Mich., filed suit against Taco Bell, which is owned by Louisville based Yum! brands, alleging breach of contract.
Shields and Rink were in talks with Taco Bell advertising agents to adapt a Chihuahua for TV spots when, the men claimed in their lawsuit, Taco Bell took the idea to another ad agency, TBWA\Chiat\Day.
In 2003 a Michigan federal jury ordered Taco bell to pay $30 million for breach of contract and the federal judge tacked on nearly $12 million in interest. This prompted Taco Bell to turn around and sue TBWA claiming the ad company was responsible for using the disputed content.
On Friday, the 9th Circuit Court of Appeals ruled in favor of TBWA by ruling that Taco Bell, and not TBWA, was responsible for the wrongful use of the Chihuahua.
It is unclear at this point whether Taco Bell/Yum! brands will appeal. Warner Norcross & Judd, LLP, a large Michigan law firm, represented Rinks and Shields.
Hans
ps. Gidget was the name of the Taco Bell Chihuahua. The popular ads stopped running in 2000 freeing Gidget for further big- and small-screen fame, with roles in "Legally Blonde 2: Red, White & Blonde" and Geico insurance ads. She also appeared on "The Tonight Show With Jay Leno," during which she was given a choice between a Taco Bell chalupa and Kentucky Fried Chicken.
Countrywide Data Breach Litigation
Last year one of the largest data breaches in history was discovered when a former Countrywide employee was arrested Aug. 1 and charged with illegally accessing the firm’s computers for more than two years. The information was being sold to mortgage brokers to be used as sales leads, federal authorities said in August. In an attempt to appease its customers, Countrywide offered security monitoring services; however they sent the notifications in what appeared to be junk mail envelopes and many customers probably threw them awasy. Countrywide also failed to notify its customers that it actually has an ownership interest in the security monitoring company.The data breach led to multiple lawsuits against Countrywide and related entities in several different states and federal jurisdcitions.
Eventually, all of the lawsuits were consolidated into an MDL which was assigned by the head of the MDL litigation panel, Judge John Heyburn, to the Western District of Kentucky, Judge Thomas Russell.
We are local counsel for several of the out of state law firms. For more information, please contact us.
Hans
How Some Madoff Investors May Recover Their Losses
“Madoff did not pass due diligence for many European hedge fund companies,” Mr. Indjic said. “Experienced people know there are many ways to provide the kind of return stream offered by Madoff, almost like a bank account, and one of them is a Ponzi scheme.” Source: NY Times December 16, 2008.By now, anyone with even passing knowledge of the stock market has shaken their head in disbelief that Bernard Madoff, the former chairman of the NASDAQ, could have pulled off the largest Ponzi scheme of all time.
While many of his private investors will likely never recover anything, some "lucky" investors that invested through a financial institution or mutual fund may be able to seek recovery from the broker dealer or investment house that placed them in the investment. That's because it appears that anyone doing any "due diligence" would have learned that Madoff's numbers simply didn't add up. According to the Times, "In early 2003, as word of Bernard L. Madoff’s apparent Midas touch spread among affluent Europeans and money managers, a team from Société Générale’s investment bank here was sent to New York to perform some routine due diligence. BNP Paribas has nearly $500 million in exposure to the Madoff firm. Its banking unit posted a $1.4 billion loss on Tuesday.
(earlier this year, Societe Generale lost $7.1 billion due to a rouge employee investing in derivatives. I majored in finance and still don't understand derivatives...ever hear of the Black Scholes pricing model? It's more complicated, and about as useful, as Latin.)
Anyway, the investors that bought through a fund or private client group, bank or other financial institution may be able to recover from those instutions for their failure to do the type of investigation that Societe Generale did back in 2003.
I predict a bumpy ride for Wall Street.
Hans
Why Corporations and Small Businesses Shouldn't Pay Lawyers by the Hour...
I have to admit that in Louisville, I'm probably a rare breed. I handle business litigation cases on a contingency fee basis (or a hybrid hourly-contingency basis depending on what the client wants). I am a firm believer in the contingency system because it provides the most incentive for the lawyer to do the best job possible for the client without expending needless resources simply because the lawyer is paid by the hour.I recently ran across the following article , expressing much better than I can, several reasons why corporations and small businesses should incorporate contingency fee contracts in their cases, regardless of how large they potential recovery may be.
hans
How Bad Is Duke Football.....
Duke University football is so bad that they can breach a contract to play the University of Louisville and not have to pay damages to Louisville. How is that? Well, the contract contained a damage provision that entitled UofL to $150,000 for each of the three games that Duke refused to play following the 2003 season. That was the Large Print; but the small print said Louisville was only entitled to damages if they could not find a team of equal caliber to replace Duke. Therein lies the Devil (pardon the pun) in the details. Duke's lawyers argued that the Blue Devils' performance on the field was so poor that any Division I team would suffice as a replacement. Duke is 6-45 over the past five years, 13-90 since 1999.
Judge Phillip J. Shepherd of the Franklin County (Ky.) Circuit Court agreed, according to the Louisville Courier-Journal.
"At oral argument, Duke [with a candor perhaps more attributable to good legal strategy than to institutional modesty] persuasively asserted that this is a threshold that could not be any lower," Shepherd wrote in a summary judgment issued Thursday, according to the paper. "Duke's argument on this point cannot be reasonably disputed by Louisville."
Thanks to Dean Chen of the University of Louisville School of Law for pointing this interesting legal story out in his blog
Hans
Follow Up: Just How Bad is Duke Football
In a follow-up to a blog post I did earlier about the contract dispute between Duke University and the University of Louisville, my friend James Cole sent me the following video link of Duke's attorney. Here, she explains why Duke should not be forced to pay Louisville for breaching its contract to play Louisville in football. Enjoy and GO CARDS!hans
Kentucky Accident Attorney
The Tort Reform Myth Explained....
Below is Andrew Cohen's insightful piece in the Atlantic....
Tort Reform Is Anti-Democratic (And Ingeniously Marketed)
If President Barack Obama has to hand his adversaries a bauble in order to achieve success with health care reform, it might as well be the misnomer commonly known as "tort reform." The ends of providing insurance for millions of uninsured Americans, never mind whatever good it might do for the rest of us, is worth the means of giving Corporate America yet another legally-sanctified level of protection against the wailing interests of its customers, consumers, patients, and just plain innocent bystanders.
But let's not kid each other any longer. As we brace ourselves for yet another round of wrangling over the tail and not the dog, let's all stipulate that "tort reform" is one of the most blatantly anti-democrat concepts to have hit the legal system in the past century. It takes control over damage awards in many civil cases away from local judges and juries and gives them to state politicians, who often are just shills for their corporate campaign contributors and lobbyists. It protects corporations from punishment for their worst excesses. It diminishes good incentives for corporate carefulness and increases bad incentives for shoddy work and services.
"Tort reform is little more than a scam by an unpopular minority (corporations) against an enormous majority (anyone who is eligible to serve on a jury or who ever already has)." Wouldn't it be great if the President forced those words out of the mouth of the Chamber of Commerce president in exchange for even friendlier litigation rules for Big Business as it confronts changes to our national approach to health care?
I don't use the word "scam" lightly above. Supporters of tort reform, invariably corporatists and others who believe in this self-defeating supply-side notion of justice, have scammed or otherwise brainwashed millions of Americans into thinking that tort reform will save them from despicable "trial lawyers," a convenient target group in this ever-litigious world. But no 'trial attorney" ever went into the jury room and voted for a large verdict against a greedy corporation which purposely hid health risks from its customers. No "trial judge" ever put a gun to a foreperson's head and made that man or woman sign off on a big reward against an environmental polluter or tobacco company or maker of unsafe toys.
Instead, these verdicts came from jurors, one of the justice system's--one of all of governments'--few remaining unassailable cogs. Each time a jury awards a large sum to a plaintiff against a negligent defendant, it's a statement from jurors that the sort of conduct alleged and proven is worthy of punishment by the community. Sometimes, this is the only time in the lives of these people, these jurors, when they will have such an extraordinary say about the events of their time and place. Sometimes they are right. Sometimes they are wrong. But at least in these circumstances they make a difference based solely upon the fact that they are residents of a particular venue.
Make no mistake--the "reform" in "tort reform" is about eliminating or reducing the ability of trial juries to act as levelers of the playing field; as avengers of otherwise toothless victims; as the voice of a community in meting out justice. It is about helping corporations before individuals; about the bottom line and not the bottom rung. Alas, many of the same folks who tout individualism and freedom and liberty against government control evidently have no qualms about using support for tort reform as their ticket to worship at the Altar of corporate control.
The reason the topic is again in the headlines is because opponents of health care reform evidently don't have anything better to argue about in their efforts to stop passage of the pending legislation. Fine. The President and his fellow Democrats should concede on tort reform. And at the same time, he should figure out a way to track whether reductions in jury awards, and concomitant decreases in the costs of malpractice insurance, reduce the ultimate cost to consumers of health care and at the same time generate better quality of service.
Of course, we all know what the answers to those questions will be. Which now that I think about it is another thing we ought to be honest about.
The Poppe Law Firm and Hans G. Poppe handle automobile wreck, car crashes, semi-truck wreck and motorcycle accident cases all across Kentucky, including Louisville, and southern Indiana, including New Albany and Clarksville.
Drunk Drivers Get Locked Out....
Seeking to reduce the number of Kentucky car wrecks, Kentucky's legislature is considering a new law that would require ignition locks for people convicted of DUI.The Poppe Law Firm and Hans G. Poppe handle automobile wreck, car crashes, semi-truck wreck and motorcycle accident cases all across Kentucky, including Louisville, and southern Indiana, including New Albany and Clarksville.
Toyota Accelerator Problem May Have Caused Car Wreck That Led To Criminal Conviction
A man convicted of vehicular homicide following a fatal car wreck may be granted a new trial due to the sudden emergence of the Toyota acceleration problem.Can The Tobacco Companies Get Any More Evil.....
It always seems that everyone wants a piece of big tobacco companies but it seems that the state of Florida may have finally gotten behind them. According to Jordana Mishory of the Daily Business Review, the newest Big Tobacco Strategy is putting the hurt on potential plaintiffs. The article was featured in the Kentucky Justice Association’s weekly clips.
According to Florida law, “plaintiffs who obtain a significantly smaller judgment than a rejected settlement offer must pay the other side’s attorney fees.” Particularly in Florida, but also around the country tobacco companies have been offering settlement amounts as low as $500 in wrongful death and negligence cases.
Fear on the side of the potential plaintiffs of having to pay opposing attorney fees has caused numerous people to drop tobacco lawsuits. Such was the case with Jerome Cohen of Fort Lauderdale. According to Cohen’s attorney, his client, who suffers from lung cancer, dropped the case because of medical reasons. But Philip Morris USA parent company Altria Group Inc. said the settlement was to avoid paying company legal fees in the case of a loss at trial. Regardless of the reason, Cohen ended up with a mere $1,000 settlement. Two other Florida plaintiffs had to pay $100,000 and $30,000 after losing a trial recently.
Altria and other tobacco companies contend that the majority of cases against them are either ill prepared or flawed and in many cases believe that the small settlement amounts they offer are equivalent to what the claims are essentially worth.
hans
Louisville Bat Maker Hit With $850k Verdict
WAVE 3 announced the verdict on October 28th regarding the case against the maker of Louisville Slugger bats, Hillerich & Bradsby. Guilty. The Lewis & Clark County District Court in Helena, Montana found H & B guilty for failing to place a warning label on aluminum bats the company produced which played a role in the death of 18-year-old Brandon Patch in 2003.
Judge Kathy Seeley ruled in favor of the Patch family and ordered H & B pay $850,000 in damages. In 2003, Brandon Patch was struck in the head with a baseball coming off of an H & B aluminum bat while pitching in an American Legion baseball game. Attorneys for the Patch family argued that Brandon did not have enough time to react to the ball being hit before he was struck by it. The plaintiffs contended that baseballs hit off of aluminum bats fly at a greater velocity than those off of wooden bats. Although the jury ultimately concluded that the Hillerich & Bradsby aluminum bat was made according to standards and not in any way defective, it still should have contained a warning label for users.
The Patch lawsuit is just one of several over the past few years against the company because of baseball related accidents. Included are a New Jersey family whose son suffered brain damage after he was struck by a line drive off of an aluminum Louisville Slugger and the parents of an Oklahoma teenager who endured severe head injuries after a similar incident according to an Associated Press article on the case. This is also not the first time aluminum bats have come under fire. Michael Rand of the Minneapolis Star Tribune recorded an account from eight years ago that listed numerous instances of aluminum bat related accidents and injuries. He mentions that before the 1999 baseball season, the NCAA adopted new rules relating to the size of aluminum bats which were copied by The National Federation of High Schools 2 years later.
The latest verdict is just one of many from the past and left to come against aluminum bat manufacturers. Hillerich & Bradsby Vice President of Corporate Communications Rick Redman released a statement following the verdict expressing the company’s condolences to the family but stated that it was an emotional court decision. Redman maintained that the company violated no rule governing the production of the bat and stated, “The verdict that our company ‘failed to adequately warn of the dangers of the bat’ has left us puzzled. It seems contradictory for the jury to say the bat is not defective but our company failed to warn that it could be dangerous. It appears to be an indictment of the entire sport of baseball.” Reactions to the ruling have resulted in mixed responses but Hillerich & Bradsby have no plans for an appeal.
DWT--Driving While Texting. Death on Kentucky Roads
Will Kentucky pass laws prohibiting texting while driving? Well, there is a bill pending in the Kentucky state legislature that could do exactly that in 2010.
Rep. Rick Nelson, D-Middlesboro, has prefiled a bill for consideration during the 2010 regular session that would make “texting” while at the wheel a no-no. It also would prohibit drivers under the age of 18 from using any cell phone. Violators would face $50 fines.
The Kentucky State Police’s annual report for traffic collision stated there were a total of 962 reported accidents caused by cell phones in 2008. The true number is actually much higher, but a lot of people will not admit to using their phone at the time of an accident.
A study conducted by the Virginia Tech Transportation Institution concluded that a driver who is texting is 23 times more likely to be involved in an accident. But even if the bill is passed, it could be difficult for police to enforce.
According to Transportation Secretary Ray LaHood, some statistics show that nearly 6,000 people were killed and more than half a million were injured on America's roads last year in crashes linked to texting or talking while driving. As a result, more than 25 states have created some type of law restricting drivers from texting while operating their vehicles and many states have already proposed similar legislation, though it has not yet been passed.
Nevertheless it seems some states have been sending mixed messages, almost literally, when it comes to texting while driving according to a USA Today article from mid September. In the piece, Associated Press writer Andrew Demillo explains the possible contradiction resulting from certain states, including those with cell phone laws, sending traffic updates to drivers via text message or Twitter updates. The states argue that these updates are not cause for concern because they stress to drivers to check their messages and updates prior to leaving for their destination. However there are times when these “tweets” turn into an exchange of conversation between motorists and state officials, as demonstrated in Demillo’s article one user posted, “any idea what's going on westbound on 520? It's worse than rush hour..," and within a few minutes, officials responded: "Yes! There is a disabled vehicle just east of Lk Wash Blvd blocking right lane." The danger arises when these types of exchanges are being conducted while moving.
Amidst the talk of texting bans, one large group of motorists was at first absent from the conversation, truckers. In a report by Montana’s News Station, High Plains Owner and Operator Doug Landru was quoted in response to distracted drivers saying, “People don't realize they're sitting in a 4,000 pound weapon.” On the same token, distracted truck drivers are often behind the wheel of roughly 80,000 pounds and in most cases doing so while operating cell phones, radios and even laptops. But to that, Landru commented that to him a cell phone and internet are vital and Oregon trucker Edwin Parrish agreed saying, “Being able to check my text messages or my email messages, I'm able to know when I'm supposed to be some place.”
Fox 4 out of Kansas City, MO reported that several trucking companies are concerned about a texting ban because they use on board computer systems for communication. Nevertheless, a study at Virginia Tech University found that truckers driving while using the computers were 10 times more likely to have an accident. Often, the devices are disabled for use while driving, but not all are turned off and there is no way to tell whether or not they are being used while operating the vehicle. According to LaHood, the Obama administration will ban texting by truck drivers and restrict the use of other in-cab technologies as part of its effort to eliminate distracted driving.
Texting while driving has become such an issue in Kentucky that a statewide media campaign has been launched including a public service announcement by a Louisville girl involved in a wreck due to texting.
hp
The Poppe Law Firm and Hans G. Poppe handle automobile wreck, car crashes, semi-truck wreck and motorcycle accident cases all across Kentucky, including Louisville, and southern Indiana, including New Albany and Clarksville.
The Poppe Law Firm and Hans G. Poppe handle automobile wreck, car crashes, semi-truck wreck and motorcycle accident cases all across Kentucky, including Louisville, and southern Indiana, including New Albany and Clarksville.
The Secret Reason Why There Are So Many Semi-Truck Wrecks…
It is a well known fact that the odds of you, your car, truck or SUV winning in an interstate battle with an 18-wheeler are slim to none. So far in September, Kentucky has seen the effects of semi-truck accidents when an I-64 accident killed a Mt. Sterling man, and a Daviess County woman was struck on Audubon Parkway on the same day. But most people may be unaware of why these accidents are happening in the first place. We all know that foul weather, icy roads, alcohol are often catalysts precipitating car and truck accidents, and for the most part, most drivers often increase their efforts to avoiding the road during these times.
So it may surprise you to learn in 2002 71% of truck accidents in Kentucky occurred in good weather and on dry roads, 75% occurred during the daytime and 88% on weekdays when driving is part of the daily routine. In fact, there were no contributing weather conditions at all in 78.6% of Kentucky truck accidents.
So if bad weather isn’t causing the wreck, what gives?
One of the top reasons for accidents is driver fatigue which can lead to dozing off or distraction related accidents in Kentucky and across the nation. According to the Insurance Institute for Highway Safety, “truck drivers behind the wheel for more than 8 hours had a twofold increase in crash risk…truckers’ long work hours cause sleep deprivation, disruption of normal sleep/rest cycles and fatigue.” Despite this statistic, in 2004 a new federal work rule went into effect allowing truck drivers to drive for up to 11 hours per day. And this was an improvement over the previous rule! The new rule’s goal was to improve safety but the Institute's survey showed the opposite as truckers are using new provisions to squeeze even more driving hours into the week. Just see this blog post by a real trucker who seeks to unveil the truth behind the profession.
And the driving force in money! Truck drivers drive more hours to get deliveries dropped off faster which then leads to more deliveries and essentially more money and higher satisfaction. According to the National Highway Traffic Safety Administration, driver fatigue is responsible for an estimated 100,000 motor vehicle accidents and 1500 deaths each year.
Let’s put two and two together. Sleepy truck drivers plus sleepy car drivers equal accidents. Not to say that there aren’t a plentiful variety of other reasons causing truck accidents, but this is a factor each of us can control to some degree. I know that if there was one thing that could prevent me from being in an accident, I would make sure to keep it in mind. Perhaps being alert and awake can help us recognize and avoid other drowsy drivers. So get more sleep!
Hans Interviewed on 840 Whas On Commonwealth Dodge 100mph Accident Case
Francene of the Francene Show on 840 WHAS read my recent blog and wanted to know more about why Commonwealth Dodge may be liable for the deaths of two people involved in the 100 mph test drive that resulted in a car wreck this weekend. The interview aired live this morning.You can download the interview here:
Is Commonwealth Dodge Liable for Fatal Wreck on Fern Valley Rd
Tragedy happened today in Louisville, Kentucky when a Dodge Challenger on a test drive from Commonwealth Dodge was involved in a fatal crash with a Mercury Sable. The two occupants of the Sable were both killed and the driver of the Challenger was arrested. According to some news reports, the Challenger may have been driven at a high rate of speed. Wave 3 news reports witness Rick Lee said, "I heard the car racing down through here and of course, they race down through here all the time, and it kind of got mine and my son's attention. When we got up to try to see the aftermath of what was going down the road, we heard an impact."According to the Courier Journal, a Commonwealth employee was a passenger on the test drive.
This leads to the obvious question. Can Commonwealth be held liable for the two deaths. I see two potential ways the dealership can be held liable. First, liability insurance follows the vehicle. This means that the owner of the dealership must provide liability insurance for every vehicle on its lot. So, even though a Commonwealth employee wasn't driving, the dealer's auto insurance will still have to provide coverage.
The second cause of action against Commonwealth Dodge could be filed based on the conduct of its employee that was on the test drive IF it can be proven that the salesperson allowed the driver to speed or drive in a reckless manner. The dealership would be liable under the theory of respondeat superior, a legal term that means the employer is liable for the actions of its employees. Here, the dealer's Commercial General Liability (CGL) policy would provide coverage.
Here, it will be important to obtain as many witness interviews as possible as soon as possible. Unfortunately, memories fade and stories change the farther away in time interviews are conducted.
Hans
p.s. As a side note, this story was of particular interest to me because at age 18 I test drove, and wrecked, a Toyota MR2 while on a test drive. Fortunately, no one was hurt.
Why The Michael Jackson Wrongful Death Lawsuit May Be Worthless....
Well, it hasn't been filed yet, but there's no doubt its coming-- a wrongful death lawsuit by the Estate of Michael Jackson. Some lawyers are calling it the "mother of all medical malpractice lawsuits."Well I say, "not so fast my friends." The wrongful death lawsuit may be virtually worthless. Here's why.
The primary component of damages that the Jackson Estate would be allowed to claim in a wrongful death suit is the loss of future earning. This would include concert ticket sales, royalties from albums, and commercial endorsements, any appearance fees, etc. In fact, Jackson was scheduled to start a 50 show tour later this year.
So, it should be simple to calculate the loss to the Estate, right? You simply hire an expert economist, an expert promotor, an expert music producer and manager and you have them estimate how much MJ would have earned over his projected lifetime. That would then be the loss to the Estate and it would then have the right to recover that amount amount from the negligent parties (assuming there are any).
That is would typically happens in wrongful death cases, albeit it on a much smaller scale; however, here, that formula may not work for one simple reason....
Celebrities often make more after their death than when they are alive. Or, to put it another way, Jackson's Estate may INCREASE in value as a result of his death.
For example, according to Forbes Magazine, in 2007 Justin Timberlake pulled in $44 million; Madonna $40 million. Not bad by anyone's standards. But compare that to Elvis Presley's $52 million and you start to see where I'm going. Elvis has been dead for 32 years yet his Estate is making more today in one year than he made over his entire career when he was alive. In fact, Elvis even has his own station on Sirius Radio.
Every October, Forbes compiles its list of the 13 richest dead celebrities. In 2008, the ranking were as follows:
The Lucky 13
- Elvis Presley ($52 million)
- Charles M. Schulz (Peanuts + Snoopy = $33 million)
- Heath Ledger ($20 million)
- Albert Einstein ($18 million in 2007, think Baby Einstein videos!!!)
- Aaron Spelling ($15 million)
- Dr. Seuss (Theodor Geisel)($12 million)
- John Lennon ($9 million)
- Andy Warhol ($9 million)
- Marilyn Monroe ($6.5 million)
- Steve McQueen ($6 million)
- Paul Newman ($5 million)
- James Dean ($5 million)
- Marvin Gaye ($3.5 million)
This will likely be the case with Jackson's Estate as well. The "King of Pop" will likely equal or surpass the "KIng of Rock N Roll" in the post-death celebrity earnings category. Let's face it, when you think Hollywood you think James Dean and Marilyn Monroe, but when you think music, you think of Elvis and Michael.
In fact, according to the Wall Street Journal, it may have already started. According to an article about Apple's projected earning in the WSJ, "Michael Jackson’s death did move some recordings. According to The Journal’s Ethan Smith, U.S. retailers sold 415,000 albums by Michael Jackson in the four days following his June 25 death, according to Nielsen’s SoundScan. That’s compared with fewer than 10,000 copies that were sold in the previous full week. Over half of those sales were digital downloads made on services such as iTunes and Amazon.com’s AmazonMP3." Apparently, Jacksons fans appreciate his music more now that he's gone. Interesting.
And that, my morbid readers, is why the Jackson wrongful death lawsuit may not be frivolous, but it may be worthless.
hans
How (Not) to Hire a Lawyer....
Previously, I posted The Truth about TV Advertising Lawyers. I later learned I wasn't the first person to point out the obvious. Aaron Larson, a Michigan attorney, has a website devoted to answering the question "how to hire a lawyer."On it he discusses the benefits of hiring a contingent fee attorney, "Many attorneys take certain types of civil suits, particularly personal injury cases, on a "contingent fee" (or "contingency fee") basis, where they do not charge an attorney fee unless they recover money for you. Please note that there are legal costs involved in litigation, and that ordinarily you will be required to repay those costs even if you lose. Almost every state limits contingent fees for personal injury and workers' compensation cases. If your case is potentially worth a lot of money, you may be able to negotiate a reduction of the attorney's contingent fee -- however, the best personal injury attorneys are sometimes able to recover substantially more money for their clients than attorneys with lesser skills, resulting in a greater award to you regardless of the percentage taken by the attorney." (emphasis added)
He goes on to explain "One of the best ways to find an attorney is to consult an attorney you trust. If you do not know any attorneys, ask your friends for names of attorneys they trust. It is not important that the attorney can handle your case -- what is important is that the attorney is likely to comprehend the issues of your case, and is well-positioned to know which attorneys in your community have the skills to handle your case. Even if the attorney cannot personally take your case, he will often be able to refer you to an attorney who can."
He also cautions, "A number of commercial on-line directories claim to screen their attorneys, or claim to list only highly qualified attorneys. Most are not being completely honest. Regardless of their promises, most on-line directories will list any attorney who pays the required fee, and there is absolutely no guarantee that the listed attorneys are qualified to handle your case."
And finally, he issues the same warning I did in my post. "Should I hire the guy with the 1-800 number, and all of the ads on TV?
Generally speaking, television and radio advertisements are a bad way to find an attorney. Many advertisements are paid for by referral agencies, which collect large numbers of calls and then divide them up between member attorneys. Even when the advertisements are paid for by a law firm, often many of the cases are referred out to other firms who share the enormous cost of advertising. Most of the time, the attorney with the big advertising campaign will not have an office near you. Unless your case is worth a lot of money, you may well find that you are quickly referred to a different firm or that you can't get much attention for your case. There is something very important to remember, when it comes to hiring a personal injury lawyer -- some of the best personal injury attorneys do little or no advertising. They get their cases through "referrals" from other attorneys, due to their reputations for doing good work and getting good results. Should I hire the guy with the big "yellow pages" ad? If you look at the "full page" ads in the yellow pages, you will likely find that there are two types. The first type is an ad for a local attorney, who has chosen to pay for the full page. The second type is an ad for an attorney from outside the area, sometimes from the same attorney who runs the huge television ad campaigns. Typically, the biggest ads are from "personal injury" firms, who hope that their large advertisements will bring them large numbers of injury cases. The better personal injury attorneys and firms typically do pay for full-page ads. However, as was previously noted, some of the best personal injury attorneys do little or no advertising at all. Also, there are many attorneys who buy the largest ad that they can afford, in order to make their practices appear better than they really are. If you look through the yellow pages, you will see that most attorneys claim to specialize in "personal injury" cases. Many of these attorneys have handled very few personal injury cases, and some have never had even a single personal injury case. The yellow pages can provide some degree of confirmation that a particular law firm is established, but even a big advertisement does not certify that a firm is qualified to handle your case."
Hans
"Admit nothing. Deny as much as possible. Stall. Protect, protect, protect. Blame somebody who isn't here to protect himself."
"Admit nothing. Deny as much as possible. Stall. Protect, protect, protect. Blame somebody who isn't here to protect himself." Rick Bozich, Louisville Courier Journal, Max Gilpin, The Real Loser in JCPS Report, July 1, 2009Bozich's article was a scathing indictment of the "investigation" into the death of a 15 year old boy during football practice at a Jefferson County, Kentucky public high school. The death, and the tragic circumstances surrounding it, have made national news.
However, this post isn't about that. Instead, this post is about why no one should be surprised that a defendant would refuse to accept responsibility for its actions.
As a lawyer that represents people that have been injured as a result of someone else's negligence or misconduct, I see defendants utilize this above strategy everyday in litigation.
Blaming the victim has long been the strongest weapon in a defense attorney's arsenal. And it matters not what kind of case it is. Failure to diagnose breast cancer? The patient should have sought out a second opinion when her first doctor told her she was cancer free. Rear-end car wreck? Injured driver had a pre-existing condition that is unrelated to the accident. No matter what the kind of case, the defendant always seeks to shift responsibility to the injured party. Without fail.
And it works. If you don't believe me, all you have to do is read any of the comments to any online newspaper article and you will see post after post blaming the victim instead of the wrongdoer (most recently in the Louisville Zoo lawsuit they blame the victims and their lawyer, too).
I find this behavior inconsistent with the oft spoken mantra of tort reformers that we need more "personal responsibility." It seems that what people really want is for innocent injured people to take responsibility for someone else's snegligence. How else can you justify blaming injured patients when their doctor makes a mistake? You can't. At least you can't do so and remain intellectually honest.
The simple fact of the matter is that deny, delay, defend and blame is business as usual for defendants in litigation, especially corporate defendants and insurance companies.
Sorry, Bozich. Sadly, that's just the way it is. And not just for poor Max Gilpin's family, but for any person that gets injured and seeks justice.
Hans
Leveling The Playing Field...
Recently, a local Louisville personal injury lawyer filed the first lawsuit against the Louisville Zoo for injuries his client received after the zoo's train derailed. Nothing unsual about it. Nothing unusual at all, including the sarcastic and baseless attacks that were launched against the attorney on the Courier Journal's website in the comment section following the story.What people don't understand is that most personal injury lawyers don't file baseless lawsuits. There's no money in doing so. Trust me, insurance companies don't pay big money for frivolous claims (heck, they seldom pay big money for legitimate claims). A lawyer that works on a contingency fee (meaning she doesn't get paid unless she wins money for her client) has no incentive to file a lawsuit and incur thousands if not tens or hundreds of thousands of dollars in expenses getting the case ready for trial. Think I'm exaggerating? I'm not, in my last three trials we spent in excess of $100,000 getting each of them to trial.
Contingency fee lawyers are just like any other business owner, they must turn a profit to pay the salaries of their employees, the rent, and other overhead and expenses. If they fail to do so, they are not in business long. My respected colleague John Day in Nashville has a great post on this topic.
Hans
Guess What Forbes Magazine Says We Need More Of? The Answer Will Shock You....
It's no secret that Forbes Magazine hates lawyers. Especially trial lawyers. After all, aren't the trial lawyers the ones running the economy into the ground, forcing those nice insurance companies to raise premiums and making it impossible for doctors to deliver babies? (don't forget trial lawyers are also probably responsible for acide rain, global warming, famine, locusts, termites, etc.)
So, why is Forbes now saying we need more trial laywers, not less?! Well it seems that Forbes is concerned with all of the foodborne illness that come from contaminated foods that are not properly prepared or packaged. William Baldwin writes "One possible solution is more government and more laws. Those familiar with the proclivities of this magazine will not be surprised that I take a dim view of this solution (and, in particular, of the proposed Food Safety Modernization Act, which would bury food preparers in paperwork). No, I would prefer to have the same government and the same laws, but--here's the surprise--more tort lawyers."
Baldwin concludes by saying "Add technology to tort law and you get a powerful force for safety."
Something us trial lawyers have known and preached for a long time. However, it isn't limited to food, you can thank lawyers for seatbelts, airbags, kids pajamas that don't burst into flame, and a million other things that keep people safe. It's about time someone over at Forbes recognized the vitally important role lawyers play in society.
hans
Firm Free Report
Secrets to Buying Car Insurance in Kentucky
What The Insiders Don't Want You To Know About Semi-Truck Accidents.
Nursing Homes: What you absolutley, positively must know before choosing one.
We Can Help You!
The Poppe Law Firm
6004 Brownsboro Park Blvd.
Ste. E
Louisville, Kentucky 40207
Phone: (502) 895-3400
Fax: (502) 895-3420
Get Directions
Videos
Kentucky Accident Attorney:
- WLKY 32 News Interviews Hans about Car Passenger Weight Limits
- Hans Explains the 6 Things You Must Know If You've Been in an Accident
Kentucky Medical Malpractice Attorney:
Unfair Insurance Practices Attorney:
General:
Frequent Questions
Kentucky Accident Attorney
- Where can I find information on semi-truck wrecks.
- How much auto insurance am I required to carry in Kentucky?
- I work on a railroad and was hurt, how can I recover for my injuries?
- Are all lawyers the same?
- If I am involved in a car or semi-truck wreck, who will pay my medical bills and lost wages.
Ketucky Legal Malpractice Attorney
- I'm having problems with my attorney. He won't return my phone calls, and he won't respond to my letters. I'm very concerned about my case and not sure what, if anything, my attorney is doing on my case. What can I do about the problems I'm having with my attorney?
- Are all lawyers required to carry legal malpractice insurance?
- How long do I have to file a legal malpractice case?
- If my last lawyer lost my case, settled for less than I wanted, or was the reason I lost money, can I sue him or her?
Kentucky Medical Malpractice Attorney
- My doctor made me sign a waiver before he operated on me, does this mean he can't be held liable for malpractice?
- I was injured by my doctor. Does Kentucky have a medical malpractice cap that will limit my recovery?
- How long do I have to bring my medical malpractice case?
Accounting Malpractice Attorney
Unfair Insurance Practices Attorney
Kentucky Nursing Home Neglect Attorney
- Is there any organization that helps ensure Louisville, Kentucky nursing home residents receive quality care.
- Do nursing home residents have any rights?
- How long do I have to bring my nursing home negligence claim?
- How can I find a good nursing home for my loved one?