No, a negligent pedestrian could share in the fault for a car-pedestrian accident. The duties of pedestrians are set out in the Kentucky statutes at KRS 189.570. Pedestrians have to obey traffic control devices, use sidewalks and crosswalks when provided,...
Read More
Generally speaking, under American law a police agency is entitled to sovereign immunity (or governmental immunity) from lawsuits. You can’t sue the king or his servants, as the idea goes, without the king’s permission. Depending upon jurisdiction, however, there is...
Read More
Unless the case is being brought by the estate of a deceased patient, a medical-malpractice plaintiff who is mentally competent will normally testify and will usually do so twice: once during a discovery deposition taken before trial, and also during...
Read More
Just as in an everyday fender bender, it comes from insurance. In a tort case, the tortfeasor will almost always have liability insurance to pay a successful plaintiff, although larger companies may be sometimes be self-insured. Let’s say your family...
Read More
Courts deal with these situations all the time and it’s no problem. The jury will be asked, via its written instructions, to consider the evidence presented and to find the percentage fault of all various parties to the lawsuit. Sometimes...
Read More
