Intoxication is defense to a workers' compensation claim.
SAFETYANDHEALTHMAGAZINE.COM
‘Disturbing trend’: Positive drug tests for U.S. workers at 16-year high
In case you were wondering . . .
TAXFOUNDATION.ORG
Does Your State Have an Estate or Inheritance Tax?
One crystal ball:
"If Trump gets a conservative justice, environmental regulations, Roe v. Wade, the Affordable Care Act, and affirmative action programs would be in jeopardy."
BOSTONGLOBE.COM
What’s at stake in a new Supreme Court - The Boston Globe
Be careful out there.
While she was watching, the stranger on the other end of her telephone took control of her computer and filled out the supposed “refund” form. He typed her name, and then the “30000.” The decimal point never showed up. He intentionally left out the decimal point, she would later realize, which made $300 look like $30,000 in the eyes of the computer.
“At first he said, `Oh my God! we deposited $30,000 instead of $300 into your bank. Check your bank. I’ll be in trouble,’ ” she recalled him telling her.
Panicked and worried, she checked her bank account. The $30,000 was there, with a plus mark next to it.
“All I could think of was for him getting his money back,” she said. “Then I’m trying to figure out how to get it back to him before someone noticed, so what did I do?”
She did what the stranger asked: She wired $30,000 back to a Mellon Bank in New York.
CLAIMSJOURNAL.COM
Michigan Widow Lost $30,000 to Scammers After Burying Husband
Don't buy your teenager a Subaru WRX.
#FoxNews
FOXNEWS.COM
People who drive this car get the most speeding tickets, study says
WOW: I got quoted in a national blog!
"Scheynost said the bill was a gift to employers, and would likely be in the courts for years."
PS: They spelled my name correctly.
WORKERSCOMPENSATION.COM
Workers' Comp Reforms Part of KY Pre-Filed Bills
In addition to the president's race, there are two Kentucky constitutional amendments on the ballot.
LEX18.COM
Voters also facing two constitutional amendments in General Election
Thanks to two different clients for my two most recent reviews on Avvo and Square. (We are pretty busy right now, but still doing our best to take care of clients.)
Not over yet.
BLAVITY.COM
Supreme Court Throws Out Lower Court Ruling Against BLM Organizer DeRay McKesson For Involvement In Protest - Blavity
Victim's rights are now part of the Kentucky Constitution.
LOUISVILLECOURIERJOURNAL-KY.NEWSMEMORY.COM
Yes to Marsy’s Law, no to judicial terms - The Courier-Journal
Hard question: How much money is a life worth in Kentucky? The analysis below looks at a lot of factors, but does not discuss a jury comparing this police officer's case to Breonna Taylor's Estate settlement. (Breonna did not have a minor child.)
The Kentucky Trial Court Review
8 hrs ·
Last weekend the tragic case of Deidre Mengedoht was settled at a day-long mediation for $13.65 million. That's $10,000,000 for the estate and $3.65 million for her nine-year old son.
Mengedoht killed when an intoxicated truck driver for MSD rear-ended her (he faces criminal charges) as she made a traffic stop under the Belvedere on Christmas Eve in 2018.
How reasonable was that settlement?
$3.65 million for the boy's consortium.
The average consortium for a child that age is $1.852 million.
So that's almost double . . .but there have been two recent cases with children, similar ages, who took $5,000,000 for their consortium interest.
What about impairment? Mengedoht. Age 32. Can you put $100,000 times 30 years? What about her retirement if she finishes at LMPD in 20 years. Gets $100,000 pension until she's 85.
Maybe 3 to 5 million?
But of 92 death impairment awards in KY since 1998, only FOUR have been higher than $2,000,000.
Pain and suffering? There was disputed proof on this. Was she burned alive? Did she die instantly?
What's that worth? And maybe the trial judge doesn't let it go to the jury at all?
The maximum ever death suffering verdict has been $5,000,000.
In a similar burned-to-death in a car case in 2008, the pain and suffering was $3,000,000.
Finally punitive damages. MSD had a pending motion for summary judgment pursuant to CALGA. Would they have gone to the jury against MSD? Would they be collectible? Who knows. They'd be enormous though -- think $10,000,000 and up.
How would I have called this one at settlement?
$3.65 million for consortium of child is reasonable but I could see $5,000,000 in light of recent results.
$2.5 million for impairment -- that's almost an impairment record.
$1.5 million for pain and suffering (half of the $3,000,000 case to account for the fact dispute here)
$1,000,000 for punitives -- I'd predict a $10,000,000-plus award (based on the Anderson Co trucking case, but I'm discounting it 90% to deal with questions of it actually being assessed against MSD.)
My total: $8,650,000 (An even $10,000,000 if child takes $5,000,000 for consortium.)
Plaintiffs did pretty well.
Pete Palmer mediated it.
Ronald Hillerich for the estate.
Kevin Weis for intervening boy via his father.
Philip Longmeyer for MSD
They did this in Probate court too.
COURIER-JOURNAL.COM
Lawsuit: Court changed eviction hearings without telling tenants, then ruled against them
In case you were looking for your 2021 tax assessment . . .
WDRB.COM
Jefferson County PVA office hit by ransomware attack
Have not yet encountered the "naked litigant." I have only heard barking dogs and attorneys order lunch with 30 others on the call. Absolutely amazed so many can't find the "mute" and "start/stop video" buttons
COURIER-JOURNAL.COM
In 2020, remote court hearings bare the naked truth. And beer, bikinis and barking dogs
Will college athlete's now get a part of their coach's salary?
USATODAY.COM
Supreme Court says it will hear case challenging NCAA’s athlete-compensation rules
When chicken nuggets get in the way of buying bourbon . . .
WDRB.COM
Ohio Chick-fil-A being sued by neighboring business over long drive-thru line
