Kentucky Dram Shop Act

How Does the Kentucky Dram Shop Act Work?

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If you or a loved one is injured by someone intoxicated, you may have a cause of action against the business serving them alcohol. The state’s dram shop law has limits, but under the right circumstances, it may provide you with another party who can compensate you for your injuries.

The Basics

Kentucky law states if someone who’s drunk injures you, they are primarily responsible. If that person is under the legal drinking age and a person or business holding a liquor license serves them alcohol, the license holder may also be liable for the harm done.

If the person is 21 years old or older, the license holder may be liable if they knew, or had reason to know, the person was intoxicated before they were served. Whether or not this customer was drunk isn’t the issue.

The issue is whether the person’s actions, speech, words, or behavior put the license holder (or their employees or agents) on notice they are intoxicated. If so, and they were served anyway, they may face liability for your injuries (along with the drunk person who injured you). If they stopped serving them, they wouldn’t be held liable.

The Big Picture

Personal injury cases are based on negligence law. Those cases require several questions to be answered:

  • Did the defendant (the party sued) owe the plaintiff (the party filing the lawsuit) a legal duty of care? In these cases, did the defendant have a legal duty not to serve people who appeared intoxicated? As long as you’re a person the legislature intended to protect with the law (a fellow patron, another driver), the answer is yes
  • If so, was that duty breached? Do the facts show those serving drinks saw or should’ve seen, signs that the person was intoxicated?
  • Was that breach the factual and proximate (or legal) cause of the accident that caused your injuries? Did the drinks the person consume after they appeared drunk play a role in causing the accident? There may be situations where the answer is no. If there’s a multi-vehicle pile-up caused by someone else, and, although intoxicated, the person drove normally, the fact he struck your vehicle may not be the basis of a lawsuit
  • If so, did you suffer damages (injuries and harm measured in dollars) as a result? If the accident was so minor you weren’t injured, and your vehicle wasn’t damaged, you have no case. If the other person is driving on the wrong side of the road, but you pull over in time to avoid a crash, you don’t have a case.
  • Under Kentucky law, must the defendant compensate you? If the facts line up on your side, and we can prove that it’s more likely than not the dram shop law violations at least played a role in causing your accident, you should be awarded damages.

This is the basic framework we work with to build your case. If we can prove each element, you have a good case.

Facts Drive Dram Shop Cases

Evidence fuels personal injury cases. If there’s no evidence, or not enough, the claim, like a car without gas, won’t go anywhere. It may look nice, but it won’t do you any good. We find that evidence by investigating what happened, why, and who was involved.

If there are enough facts to justify filing an insurance claim against a liquor license holder, we’ll do so. If we can’t negotiate a reasonable settlement, we’ll file a lawsuit against the liable parties. An essential part of the post-filing litigation process is discovery.

That’s when both parties discover more facts. It involves:

  • Written questions (interrogatories)
  • Requests for documents and information stored electronically (requests for production)
  • Requests that the other party admit or deny submitted factual statements (request for admissions)
  • Depositions where the parties and witnesses are asked questions that they must answer (unless there are grounds to object), under oath, by attorneys for both sides

Facts found during discovery could significantly weaken or strengthen a case. Depositions can give you valuable information and insight into how well a person may do as a witness at trial (if there is one). If the person’s answers, how they talk, and how they physically respond to questions may make them appear to be a strong, credible witness or one who’s not telling the truth.

Many of these cases boil down to: What did the defendant know, or should’ve known, when, and what did they do about it? Did the customer show signs they were intoxicated and should not be served? If so, were they served anyway?

The more substantial the evidence the customer appeared drunk but was sold drinks, the better your case. Before being served, how did they talk, act, and behave? Did they:

  • Slur their speech?
  • Talk too loudly or softly?
  • Take a long time to answer questions or respond to a conversation?
  • Appear depressed or to be having too good a time?
  • Were they abusive, obnoxious, or mean?
  • Could they walk normally, or did they lose their balance and stumble?
  • Smell like alcohol?
  • Overly emotional or affectionate?

If, given the circumstances, a reasonable person would believe the customer is intoxicated, were they served? Employees, fellow patrons, and the person accused of injuring you should be able to answer that question. If a credit or debit card paid for the drinks, there should be a receipt showing what the person bought and when.

Although each dram shop case is unique, these are usually the key disputed factual issues in a dram shop case.

Speak With An Experienced Dram Shop Act Lawyer

Our attorneys have decades of experience handling dram shop cases and can help you with this often complex legal matter. To discuss your possible dram shop liability claim with a knowledgeable Louisville lawyer, contact our law offices online or call us at 502-589-5600 or toll-free at 855-385-9532.

Dram Shop Cases

Dram Shop Cases are Common Across the US

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Dram shop laws in 31 states, including Kentucky, hold establishments liable when visibly drunk patrons are served alcohol and they cause harm. Mainly these cases involve vehicle accidents but can also include injuries caused by fights that the customer starts and damage done to property.

Here are some dram shop cases from courts around the US. The places, injuries, and people involved are different, but they have some things in common – someone intoxicated is sold more drinks, they leave and cause harm.

Florida Jury Verdict Third Highest in Vehicle Accident History

A Miami-Dade jury awarded $95 million in damages plus attorneys’ fees to a South Florida family in 2022. Noel Criales’ and Elisa Diaz’ daughter Carmen was killed, and their son Brian suffered severe traumatic brain injuries in an accident caused by a drunk driver, Franklin Chavez, in 2015.

The jury found one defendant, Georgetown Partnership, which owned a Miami bar, was negligent when its employees served drinks to Chavez. The business was ordered to pay almost $59 million for Brian’s medical care and $37 million in damages to the plaintiffs, according to the Insurance Journal.

After hours of drinking, Chavez drove more than 70 mph the wrong way on Interstate 95, with his lights off at night, before hitting the Criales’ vehicle head-on. Chavez was sentenced in 2017 to seven years in prison for causing the accident and driving under the influence. Carmen was on her way to medical school at the time.

Only two vehicle accident verdicts involve larger awards. There was a $1 billion verdict in 2021 against two trucking companies and a $120 million verdict in another truck accident case.

North Carolina Couple Severely Injured, Pregnant Woman Loses Her Child

While driving home in October 2010, Matt Eastridge and his pregnant wife, Meredith, were struck by a vehicle driven by David Huffman. Police state that at the time, his blood-alcohol content was nearly three times the legal limit, and he drove more than 100 mph.

Before the accident, Huffman left a bar, Eddie’s Place Restaurant and Bar, in south Charlotte. It served him at least ten drinks in over slightly more than two hours, reports USA Today.

A Charlotte jury returned a $1.7 million verdict against Eddie’s Place last year. They found the restaurant negligently served alcohol to Huffman, who they knew or should have known was intoxicated. The defendant’s attorney claimed bar employees arranged for someone else to drive him home, but he drove away in his vehicle.

The Eastridges spent more than a month in the hospital. Meredith lost 40% of her blood and the baby. They both had extensive surgeries and lengthy therapy.

Lawsuit Alleges Mississippi Man Beaten to Death By Drunk Restaurant Patron

An amended wrongful death lawsuit was filed earlier this year by K.C. Cooper’s mother, Madonna Steele, against Timothy Turner, who is accused of killing him, and a Tupelo restaurant, Steele’s Dive, which is accused of serving Turner after he was visibly intoxicated. Turner was arrested for beating Cooper in the restaurant’s parking lot and faces first-degree murder charges.

Turner was waiting outside the restaurant and bar in the early hours of April 16, 2022, according to police. Cooper walked toward the parking lot, Turner assaulted him, knocked him to the ground, and repeatedly punched him in the face. Turner drove away, returned, and continued to assault Cooper while he was on the ground, according to the Daily Journal.

The initial lawsuit filed in 2022 claimed Steele’s Dive and its security staff knew, or should have known, there was a conflict between Turner and Cooper and failed to protect Cooper. The amended complaint adds a dram shop liability claim. It alleges Steele’s Dive breached its legal duty to stop serving visibly intoxicated patrons.

Steele’s Dive is accused of serving numerous alcoholic drinks to Turner, who was obviously drunk. The plaintiff’s attorney stated the new allegations are the result of interviews conducted as a part of his investigation.

Drunk Driver Accused of Destroying Texas Business

Two business owners remodeling a building are suing an Odessa man, Dario Jesus Orona, who they claim destroyed it after driving into it while drunk. The case involves dram shop claims against two defendants accused of serving him alcohol though he was visibly intoxicated, reports the Odessa American.

The lawsuit claims Orona, and another defendant, Ariel Sandate, were drunk when they came into a Buffalo Wild Wings. It’s accused of encouraging Orona to buy drinks and allowing him to get into his vehicle despite the fact he was obviously intoxicated. Orona then allegedly went to the Agave Bar, where he continued to drink. The lawsuit states Orona was a danger to himself and others, but employees allowed him to leave.

Orona later drove halfway through the plaintiffs’ building, which was being renovated for a new business. The plaintiffs allege they couldn’t secure the building. It was later vandalized and looted. The City of Odessa later condemned and leveled it. The lawsuit seeks $1 million in damages.

Speak With An Experienced Dram Shop Lawyer

Our attorneys have decades of experience handling negligence claims and can help you with this critical legal matter. To discuss your dram shop liability, claim with a knowledgeable lawyer in Louisville, contact our law offices online or call us at 502-589-5600 (toll-free at 855-385-9532).

Limiting Truck Speeds

Will Limiting Truck Speeds Make Them Safer?

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Commercial trucks and personal vehicles have devices in them that limit their speed. The federal government is considering imposing a rule mandating their use on heavy commercial trucks. The goal is to reduce speed-related crashes and prevent the severe injuries and deaths that often occur when they happen.

What is a Limiter?

A limiter, or governor, operates through electronic sensors and the engine’s computer. Limiters have been part of heavy commercial trucks since the 1990s. Truck owners must activate them to work.

Sensors detect the vehicle’s speed and communicate that to the engine’s computer, which manages the engine. Once reaching a set top speed, the computer restricts the flow of air and fuel to the engine and the spark plugs that cause combustion in the engine’s cylinders.

What Does the Federal Government Propose?

The Federal Motor Carrier Safety Administration (FMCSA) plans to set a speed limit for commercial trucks by requiring limiter use. The process of creating a new regulation is ongoing, with the change possibly announced later this year, reports Freight Waves.

The agency proposes a speed limiter rule that would mandate all heavy-duty commercial trucks have their speed limiter set at a maximum speed to be determined later. The proposed rule is meant to improve safety on the nation’s highways by reducing the number of truck-related crashes caused by excessive speed.

The FMCSA states, “The number of commercial motor vehicle (CMV) crashes in which speed is listed as a contributing factor is unacceptable. A carrier-based approach could provide the opportunity to compel fleets that are not currently using speed limiters to slow down their CMVs within a relatively short period.”

European Union countries, Australia, Japan, and the Canadian provinces of Ontario and Quebec all require limiter use on heavy commercial vehicles. Those limits vary from 55 mph in Japan to 65 mph in Canada, according to the Truck Safety Coalition (TSC).

How Big a Danger Are Speeding Commercial Trucks?

As speed increases, it’ll take a longer distance for it to stop, and it’s more difficult to steer safely. High speeds can also lead to the truck rolling over and jackknifing. Higher speeds also cut a driver’s time to decide what to do and respond to a dangerous situation ahead of the truck.

The FMCSA states that traveling too fast for conditions is one of the top ten conditions leading to commercial truck accidents. According to Fleet Owner:

  • Driving too fast for conditions or faster than the speed limit was a contributing factor in 8% of reported large truck crashes in 2009, according to the National Highway Transportation Administration
  • The FMCSA Large Truck Crash Causation study found “traveling too fast for conditions” was a factor in 22.9% of all large truck crashes, and 10.4% of large truck/passenger car accidents

The Texas A&M Transportation Institute (TTI) reviewed nearly 2,800 commercial truck crashes in 20 Texas counties and found that speeding was one of the driving behaviors
with the most impact on crashes where the driver was at fault, according to the TSC.

The TTI also found that when speed was a contributing factor to a crash, costs were 20 percent higher than those where speeding was not an issue. They also concluded accidents resulting in speed citations had a 170% higher risk of injuries or deaths.

What Good Are Limiters?

Trucks with activated speed governors have half the crash rate than trucks not equipped with them, according to the second phase of a study by the FMCSA, reports Freight Waves. The agency says they have “a profound safety benefit” for those on the road. The study looked at data from 20 truck fleets involving about 138,000 trucks and analyzed more than 15,000 crashes.

How Will This Work on The Nation’s Roads?

The share of speed-related crashes caused by large commercial vehicles in Ontario significantly dropped after the introduction of speed-limiter legislation in the region.

A study by the Ontario Ministry of Transportation (MTO) found that the crash rate of speeding trucks dropped by 73% after mandatory limiter use started in 2009. This is more than twice the reduction of accidents of other vehicles (around 30%), reports Insurance Business Canada.


Critics of the law claimed that more vehicles would rear-end slower commercial trucks with limited speed. The study found no evidence limiters contributed to increased truck accidents after 2009, including rear-end crashes.


Other findings of the study include:

  • After 2009, commercial truck drivers had fewer at-fault speed crashes compared to all at-fault driver actions
  • There was no evidence of worse collision rates for large trucks after 2009
  • The share of heavy trucks struck from the rear stayed roughly the same before and after the law changed. The number of rear-end collisions involving other vehicles increased

The MTO conducted the study from 2014 to 2015.

Speak To A Truck Accident Lawyer Today

If you or a loved one is injured or killed in an accident in Kentucky involving a commercial truck traveling above the speed limit or too fast for conditions, you may have legal rights to compensation for the harm you suffered. If the truck owner failed to use the truck’s limiter, it could be additional evidence it’s at fault.

Satterley & Kelley PLLC can and will help you confidently handle legal matters. Put boots on the ground with help from our attorneys. To schedule a free initial consultation at our office in Louisville, call 502-589-5600 (toll-free at 855-385-9532) or complete our contact form today.

Asbestos Exposure in Your Home

How to Avoid Asbestos Exposure in Your Home

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These days, most people are aware that exposure to asbestos—a heat-resistant material that was used in many industrial, production, and construction fields until around 1980—has been linked to mesothelioma, as well as other cancers and lung conditions.

What most people don’t know is that asbestos—and risk of asbestos exposure—may be lurking in their own homes.

Most modern homes are not constructed with materials containing asbestos. However, if your home was built before then, there’s a significant chance that it was constructed with materials that may contain asbestos fibers. If those fibers are disturbed and sent into the air (as they may be, for instance, during home renovation projects), it may result in acute asbestos exposure, which can be dangerous to your health and increase your risk of developing mesothelioma.

Where can asbestos be found in the home?

In homes built before 1980, asbestos may be found in:

  • Floor tiles: Asbestos is especially common in floor tiles made of “resilient” materials, such as vinyl, asphalt, and rubber, and in the backing of vinyl sheet floorings.
  • Steam pipes, furnaces/furnace ducts, and boilers: This common heating equipment is often insulated by asbestos paper tape or blankets.
  • Cement sheet, paper, and millboard: Most commonly used to insulate furnaces or woodburning stoves, these materials may also contain asbestos.
  • Walls and ceilings: Asbestos may be present in patching and joint compounds, as well as soundproofing, decorative materials, and textured paints on walls and ceilings.
  • Door gaskets: If you have a furnace, wood stove, or coal stove in your home, the door gaskets may contain asbestos.
  • Roofing, shingles, and siding: Some houses contain asbestos on the outside, which is harder to disturb, but still potentially dangerous if drilled or sanded.
  • Older household products: If you have fireproof gloves, ironing board covers, hairdryers, or stovetop pads that are over 30 years old, they may potentially contain asbestos.
  • Car parts: Certain parts of older cars may be manufactured with asbestos, especially brake pads and linings, clutch facings, and gaskets. These days, asbestos is not usually used to manufacture car parts, but if you are working on a classic car, ask your mechanic about the risk of asbestos exposure before doing any involved work on the brakes, clutch, or gasket.

How can I tell if my home contains asbestos?

Unless materials are labeled, you can’t tell for sure whether they contain asbestos. If in doubt, treat materials you think may contain asbestos as if they contain asbestos, and have them evaluated by a qualified asbestos professional.

If something in my home contains asbestos, do I have to have it removed?

Sometimes, but not always! Your need for asbestos removal or abatement depends on a number of factors. In some cases, you may not need to take any action at all.

It is important to remember that asbestos is only dangerous if the fibers are disturbed and inhaled. Asbestos-containing materials that are in good condition and will not be disturbed (for example, by remodeling) should be left alone. In those cases, it may actually be more dangerous to disturb the fibers in an attempt to remove them than to leave them where they are.

You only need to be concerned about asbestos in the home when it comes to materials or parts of your home that may be disturbed (for example, by renovation, repair, or by age/damage to the material or part of the home). If you suspect these parts or materials contain asbestos, it is best to obtain a professional asbestos evaluation, especially before any planned renovations or repairs. If you get professional confirmation that something in your home contains asbestos, and it is either significantly damaged or you plan on disturbing it by repairing or replacing it, then and only then should you look for an asbestos abatement and removal specialist.

Importantly, you should not attempt to encapsulate, repair, or remove asbestos in your home on your own. DIY asbestos abatement or removal can be dangerous to you and your family, and potentially to others.

Instead, find an asbestos professional trained and certified to handle asbestos material. If the asbestos in question is in your pipes, roofing, tiling, or automobile, you may need to find a specialist roofing/tiling specialist or mechanic. It is best to get cost estimates from several professionals, as the cost for these services may vary.

Ask asbestos professionals to document their federal or state-approved training, and to share any documentation or recommendations from completed projects. Each person working on the asbestos removal or abatement should be able to provide their own proof of training and licensing in asbestos work. You may be able to find known state or federally approved asbestos abatement professionals at your nearest state or local health departments or EPA regional offices, or on the websites of same.

Are you or a loved one concerned about asbestos exposure in the home? Call Satterley & Kelley PLLC toll-free at 855-385-9532 or fill out our contact form to schedule a free consultation.

Truck Drivers Makes Our Roads Less Safe

How the Demand for Truck Drivers Makes Our Roads Less Safe

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The American workforce is getting older and shrinking. As more people retire, some employers have a harder time finding replacements. That’s especially true in the trucking industry. Just as in any industry, if you can’t fill an open job, you may lower your standards to increase the pool of candidates. That’s what’s happening in trucking.

How Many Truck Driving Jobs are Unfilled?

The American Trucking Association (ATA) claims there was a shortage of 78,000 commercial drivers in 2022. They also predict that in eight years, this figure will more than double to more than 160,000.

The ATA blames:

  • Retirements
  • A lack of female job applicants (who are nearly half of the nation’s workforce but less than 10% of commercial truck drivers (and most of them drive school buses))
  • Record high wages in other industries
  • The difficult lifestyle many drivers live

Retirements may be the biggest threat to the industry:

  • The average commercial truck driver is 48
  • Three-quarters of drivers are older than 40
  • Drivers aged 20 to 30 are only 8% of the workforce

Commercial truckers’ average pay is $70,000 a year, but most drivers won’t last long (95% annual turnover rate, according to the New York Times) because many new drivers see the sacrifices as not worth it. Long-haul drivers are away from their families for long periods, and it’s a dangerous, lonely job that discourages good health (How often would you want to eat at truck stops?).

Is There a Truck Driver Shortage?

Despite what you’ve heard or read, there’s not a shortage of truck drivers, according to the Times. There’s a shortage of people willing to drive commercial trucks, given the pay, benefits, and conditions.

“This shortage narrative is industry lobbying rhetoric,” says Steve Viscelli, a labor expert at the University of Pennsylvania who previously worked as a truck driver. “There is no shortage of truck drivers. These are just really bad jobs.”

There were about ten million Americans with commercial driver’s licenses in 2019, nearly three times the number of commercial trucks (3.7 million).

How Does This Impact Safety?

The federal government, the Federal Motor Carrier Safety Administration (FMCSA), the Labor Department, and the ATA are starting a commercial vehicle driver apprentice program for those 18 to 20 years old. Existing laws only permit those in this age group to drive within state borders. After completing the program, qualified individuals would be approved to drive commercial trucks across state lines, according to Property Casualty 360.

Using a teenage workforce isn’t a good idea:

  • The National Highway Traffic Safety Administration states motor vehicle crashes are the leading cause of injury and death among young adults, primarily due to three critical errors: lack of scanning, speeding, and distractions
  • The National Safety Council reports that teenage drivers are 3.8% of licensed drivers but cause 12.4% of all vehicle accident fatalities

The trucking industry wants teen drivers. They:

  • Can be paid less than experienced drivers
  • Don’t have the chronic health conditions that keep many older drivers off the road
  • Probably won’t have spouses and children to tie them down
  • Can increase the pool of job candidates and fill open positions

But if the law considers them so irresponsible they can’t buy alcohol, or rental companies won’t rent them a car, should they be driving a tractor-trailer after many hours, late at night, in bad weather?

Safety Training for New Drivers is Lacking

Police accuse Victor Santos of being drunk when he crashed his tractor-trailer into a school bus in northern Indiana last November. The impact left 16 injured, many of them teenagers. Santos had his own, one truck company, according to WISH, which you can start with only a commercial driver’s license.

“Yes, that individual has a commercial driver’s license, but it’s like giving your 16-year-old the keys to Ferrari, you know, there’s no way they’re going to operate that vehicle safely,” Steve Gold, owner of 160 Driving Academy, the largest commercial driving school in the nation, was quoted as saying.

There are newer truck drivers whose training didn’t put safety first, according to Gold. He says many fatal accidents would’ve been prevented if the truck drivers knew what they were doing. Gold says he works with trucking companies that give more attention to safety, including:

  • Performance scoring for drivers
  • Helping them get their commercial driver’s licenses
  • Adding 50 hours of one-on-one training

Given the demand for drivers, many switch companies after less than a year. This frequent churn makes it harder for trucking companies to track driving records and experience levels, adding to safety concerns.

Gold, referring to truck accidents like the one involving Santos, stated, “That’s what kills me is like, it’s they’re all avoidable.”

Speak To A Truck Accident Lawyer Today

You may be entitled to compensation if you’re injured in an accident involving a commercial truck or vehicle in Kentucky. Satterley & Kelley, PLLC, can and will help you handle insurance and legal matters with confidence.

To schedule a free initial truck lawsuit consultation at our office in Louisville, call 502-589-5600 (toll-free at 855-385-9532) or complete our contact form today.

Commercial Truck Lawsuits

Commercial Trucks + Winter = More Danger for Other Drivers

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Winter makes two things more dangerous – commercial trucks and poor driving conditions. One is bad enough, but when the two combine, it’s an especially hazardous situation.

As if we don’t have enough to contend with, winter gives us many safe driving challenges – less daylight, high winds, and slippery roads covered in water, snow, ice, or sleet (or a combination). We must adjust our driving to these conditions and be more aware of others potentially losing control and sliding into us.

That’s bad enough if it’s another sedan, minivan, or light truck. The chances of you becoming severely injured while driving in winter weather go up when a commercial truck (weighing up to 80,000 pounds) side-swipes you into a guardrail or t-bones you at an intersection.

Driver error is the most common cause of vehicle accidents. Here are accident-causing mistakes that commercial truck drivers make.

They drive too fast

Speed limits are the maximum legal speed during the day with perfect weather and road conditions. Truck drivers more intent on unloading or getting home than driving safely don’t slow down or don’t slow down enough when winter driving conditions are unsafe.

The faster they go, the longer it’ll take for the truck to come to a stop, especially if traction is poor. Truck drivers also have less time to react and decide what they should do if they’re coming up on a dangerous situation.

Drivers are unaware of or don’t take seriously enough the presence of black ice on the road

Black ice is a thin, practically invisible layer of ice. It often forms when snow or ice melts during the day but freezes as temperatures drop when the sun sets. The road may look wet, but it’s actually ice covered.

They tailgate other vehicles

Following too closely is always a bad idea, but it’s especially dangerous when traction on the road is poor and stopping becomes more difficult. A tailgating semi-truck whose driver hits the brakes to avoid rear-ending another vehicle risks jackknifing the truck (the trailer swings out from behind the truck and into another travel lane or the breakdown lane).

Commercial trucks caravan

Sometimes in bad weather, commercial trucks will travel together in groups. The upside is if one driver or truck gets in trouble, others are nearby to help. The downside is if they’re too close together, one truck losing control can cause a chain reaction accident. This would involve trucks next to them and any other vehicle unlucky enough to be close by.

Lights are covered in dirt, snow, ice, or salt

Drivers need to keep headlights clear to see in the dark better. Rear lights make the trailer more visible and inform other drivers the truck is stopping or turning. A crash into other vehicles is more likely if their drivers don’t know if the truck is stopping, slowing down, or turning.

Drivers don’t slow down on bridges, highway overpasses, and other elevated surfaces

They don’t use caution when on these roadway sections, which may freeze quicker than a regular roadway. A road or highway may be wet, but a bridge or overpass may be ice-covered because cold air, not warm ground, is below them.

Drivers don’t address the bald or underinflated tires they ride on

The greater the tread, the better the traction on water, snow, sleet, or slush. The truck may just slide if the driver tries to brake or turn if there’s not enough tire tread.

As temperatures drop, tire pressure decreases, and the chance of a blowout increases. This can cause loss of control and leave behind in the roadway a tire carcass that can cause an accident if another driver hits it or tries to swerve around it.

The driver doesn’t replace worn wipers

Being able to see what’s around you is key to safe driving. Worn wipers don’t remove water, snow, or ice from the windshield. They just smudge them across the glass surface. This is especially dangerous when driving at night when visibility during a storm gets worse.

The driver’s unprepared for high winds

In winter, there can be high winds with or without a storm. The side of a truck can act like a sail, and the wind can push it one way or another. The trailer may rock back and forth and become unbalanced if unsecured cargo is tossed around.

If this combines with a slick road, the driver may lose control. High winds can also cause a jackknife, or the truck may roll over.

The driver doesn’t stop driving

The conditions may become so bad it’s unsafe to drive a commercial truck. The driver should pull over or get off the highway and park somewhere safe. If the driver continues despite the lousy weather, they may cause an accident.

A Trusted Law Firm For Serious Trucking Accident Claims

If you or a family member is injured in a truck accident in Kentucky, you may be entitled to compensation for your injuries. Satterley & Kelley PLLC can protect your legal rights with our skilled and effective legal representation. Contact us online or by telephone at 855-385-9532 to schedule your free initial consultation.

Mesothelioma Cases at Rayloc

Mesothelioma Cases at Rayloc in Morganfield, KY (Podcast)

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Paul Kelley talks about mesothelioma cases at Rayloc in Morganfield, Kentucky, which involve asbestos used in the lining of the brake shoes remanufactured at the Rayloc facility.

John Maher: Hi, I’m John Maher. And I’m here today with Paul Kelley. Paul is a partner with the Kentucky Personal Injury Law Firm, Satterley & Kelley, which has over 30 years of collective experience in handling cases involving mesothelioma and asbestos exposure. Today we’re talking about mesothelioma cases at Rayloc in Morganfield, Kentucky. Welcome Paul.

Paul Kelley: Good morning, John. How you doing?

John: Good, thanks. So Paul, what is Rayloc? Where are they located?

Paul: So Rayloc was a facility that was located in Morganfield, Kentucky. It was what’s called a brake remanufacturing plant. So Rayloc took old brake shoes, which would consist of the brake shoe itself and the used lining, and it would remove the lining from the old brake shoe and then put a new lining on, repurpose the shoe, and then put it back out for sale to typically NAPA stores. Rayloc is affiliated with the NAPA Automotive stores that are still in existence today. However, that plant in Morganfield, Kentucky went out of business in 2008.

Asbestos Exposure From Working With Brakes at Rayloc

John: Okay. And so how was Rayloc related to asbestos and mesothelioma cancer cases?

Paul: So in our experience, from the cases that we’ve had out of that plant, what typically occurred is the Rayloc facility or the company, Genuine Parts Company, and Rayloc was a division of that, had all these NAPA stores that it was affiliated with throughout the country. And they would go, and customers who would buy brakes from a NAPA store would return those used brakes to that store.

And in exchange for bringing it back, they would get a discount on the new brake. So they’re highly incentivized for customers to bring these used cores back so that they could get a discount on the new brake. Obviously the company got the benefit of being able to sell a new brake to that customer. Those used cores would be collected over a period of time and they would be shipped to a remanufacturing plant such as the one that was in Morganfield, Kentucky.

From there, the people who worked in the Rayloc plant, they would be exposed to asbestos in a variety of ways. So we’ve talked about this in other podcasts, but to refresh everybody’s memory, up until about 2001 for the most part, friction products, and brakes are a type of friction product, contained asbestos. If it was the old drum brakes, it was the linings that contained asbestos. If it was the newer disc brakes, there was a pad between the wheel and the disc that contained asbestos. And so this Rayloc facility predominantly dealt with brake shoes or the drums. So it was the brake linings that typically came in that contained asbestos.

So first there was a group of people who had to remove the old linings. And they would take those linings to a special machine. And they would strip the linings off. They would have to burn them off, scrape them off anyway they could in order to get the old lining off. That old lining of course, what was left of it, contained asbestos. And so people who performed that job were exposed during the de-lining process, if you will. Then when it was time, the shoes would get repurposed, that would kind of go into another area.

And then when the shoes were ready to have the new linings put on, then there was a whole group of folks who worked in the plant that put the new lining on. And the new lining was typically riveted on, which means they had the drill holes into the lining itself in order to ultimately affix it to the shoe. The drilling of the lining would create substantial dust that the employees would be exposed to.

And then in addition, they frequently took them to a grinder. And so they ground down the linings. And the purpose for doing that was so that the lining would fit firmly onto the drum and it would meet the customer’s specifications. And the grinding process, which typically was performed using a grinding wheel of some sort, or a grinding machine, that created massive amounts of dust that the employees that were doing that work breathed on a daily basis for many, many years.

I can’t recall exactly John when that plant opened, but it probably was in the 1950s, perhaps the ’60s. And again, it closed until 2008. And we know for a fact from cases that we’ve worked on involving that plant that it continued to use asbestos containing brake linings to put on the old brake cores that had been repurposed until 2001. So pretty much the vast history of that plant, it operated with asbestos containing brake linings.

The Rayloc Facility Had Asbestos Exposures Up to 2001

John: Right up until 2001 you said?

Paul: Yes, sir.

John: Wow. Yeah. That seems just so recent because we knew about asbestos and the dangers of asbestos long before that.

Paul: Oh, absolutely. The history or the historical knowledge of asbestos exposure goes back to the 1920s and ’30s, but certainly with respect to brakes and brake linings and other friction products, those sorts of things were well known by the late 1960s. So certainly anybody that went to work in a plant like the Morganfield facility in the 1970s and 1980s, they really should not have been exposed to asbestos during that period of time. And they certainly should have been better protected.

Why Did Brakes Have Asbestos?

John: You said that friction products generally contained asbestos for a long time. Is that because the asbestos has these sort of fire preventative properties where when that brake lining would heat up with the friction, it would make sure that it didn’t catch on fire? Is that what it was for?

Paul: Well, it was a durable product. Your brakes need to work and they need to work for a long time. And so the durability was one of the positive features of asbestos. And the story that we’ve heard from a long time from manufacturers of these kinds of products and distributors of these kinds of products, is that there really wasn’t anything better to use that would’ve served the ultimate function of the brake to stop the vehicle.

The problem with that is that’s not true, non-asbestos brake linings were developed easily into the early 1960s, ’70s, and ’80s. Certainly they were prevalent everywhere. But the big issue I think was the cost factor. And I think it was a comfort factor that a lot of brake manufacturers just preferred to use the asbestos.

Other Employees Who May Have Been Exposed to Asbestos at Rayloc

John: So you mentioned that the workers at Rayloc who were taking those old brakes and trying to get the linings off, that they would be exposed to asbestos because they’re grinding down the pads, or burning them, or whatever they have to do to get the old linings off. And then there’s people who are putting the new pads on. Those people are also grinding them down. So obviously all those people would be exposed to asbestos. Are there other people at Rayloc who would’ve been exposed to asbestos as well in the course of doing all this work?

Paul: Yeah, certainly everybody else served any function in the plant’s going to be exposed one way or the other. It takes an army of people to operate a plant like that. And you’ve got maintenance people. You have people who run the machines. You have people that actually put the brakes onto the riveting machines or the de-lining machines. You’ve got assembly line workers. You’ve got people who package the finished products. It’s a fairly large facility. But given the nature of the work that was being done, at any given time there are dozens of people who are removing asbestos linings from old brake shoes, and dozens of people who are riveting or grinding the new brake linings creating massive amounts of dust.

So to answer your question, I believe that from what we’ve seen, everybody in the plant is going to be exposed to asbestos during that time frame one way or the other. But probably the people with the most significant exposure, the people that removed and put on the new, but I don’t think it was avoidable by any stretch of the imagination from anybody that worked in that plant.

How to Get Help If You Were Exposed to Asbestos at Rayloc

John: So if you think that you were exposed to asbestos due to Rayloc brakes or working at the Rayloc plant, and you have lung cancer, or asbestosis, or mesothelioma, what should you do?

Paul: Well, certainly you should tell your doctor what exposure you’ve had. It’s not necessarily important to the doctors in terms of how they treat the patients. However, it’s something that they’re always interested in knowing so they can get an idea of where the exposure occurred, what the nature of your disease is. Sometimes it’s helpful in making the diagnosis because mesothelioma can be a difficult diagnosis to make. It’s rare. There’s only about 3000 cases per year that are diagnosed nationwide. So it’s not always the first thing the doctors look at. So it’s always important to let your physicians know that you’ve had this exposure, potential exposure over the course of your career.

Once the medical situation is under control, diagnosis has occurred, a treatment plan has been developed. I think it’s critical to speak to a lawyer to get a better understanding of what your rights are. If you’re a Rayloc employee, you can’t file a tort action or a personal injury claim under Kentucky Law against Rayloc. However, you could pursue a worker’s compensation claim against that company.

However, all of the lining manufacturers who provided the linings of that plant, you can pursue a lawsuit against those companies. And there were many companies that provided asbestos containing brake linings of that facility over its 30 or 40 year history. And a cause of action can be pursued against those companies. And as I mentioned before, from our 20 to 25 years of experience, I’m working on these kinds of cases, including cases for people that worked at this facility. Those lining manufacturers were well aware of the hazards, and failed to provide any warnings, or failed to provide meaningful warnings. But the only way that you can recover against these companies is to file a lawsuit. They will not fairly compensate folks unless they’ve been challenged in court.

Brake Lining Manufacturers Knew That Asbestos Was Dangerous and Continued to Use It — If You’ve Been Affected, You May Be Able to Bring a Legal Claim Against Them

John: Right. And even though Rayloc itself doesn’t exist anymore in Kentucky, that plant doesn’t exist, you still have a course of action, like you said, to go after the lining manufacturers. And even if Rayloc did exist, you wouldn’t be able to submit a claim against them as an employee because of the way that the law works in Kentucky. But you do have a course of action. So just like don’t give up and say, “Oh, well Rayloc doesn’t exist anymore, so there’s probably nothing I can do,” and just sort of stop there.

Paul: Absolutely. And there’s all kinds of remedies that are available, the lining manufacturers. And in some instances, we’ve represented people whose spouses worked at a facility like Rayloc, and the spouses oddly enough, under Kentucky law, have the ability to file a lawsuit directly against the company that the employee wouldn’t be able to file because of Kentucky workers’ compensation laws. So the Rayloc facilities closed down, but Rayloc’s parent company, Genuine Parts Company still exists. And in certain situations, Genuine Parts can be pursued.

Statute of Limitations on Filing Cases for Asbestos Exposure

John: Okay. And is there a statute of limitations on filing a case concerning asbestos exposure that occurred at the Rayloc facility?

Paul: Absolutely. In Kentucky, it’s typically one year from the date that people know or should know that they’re injured, and know or should know the cause of that injury. As a rule of thumb, we always go by the diagnosis date. There are always arguments being made that somebody didn’t know what the cause of their injury was until six months after they’re diagnosed. But to be safe, we always recommend going with a diagnosis date and getting that lawsuit filed within a year from that date.

Also as a practical matter, the diagnosis of mesothelioma is very dire. Sometimes people decline pretty quickly from diagnosis of that disease. And so we always want to move quickly. That’s why we recommend contacting an attorney quickly. Contact an attorney who has litigated before out of a particular plant like Rayloc, because I don’t have to conduct any investigation whatsoever. I know exactly who to sue right now if somebody walked in our office.

But we want to make sure that if you come to us, that you have an opportunity to meaningfully participate in your case. And hopefully someone is diagnosed with this cancer, hopefully treatment will work out well. They will live for a long time and possibly even beat it. But unfortunately, the statistics tell us that 6 to 18 months is a typical life expectancy from the date of diagnosis of this disease. So it is always very, very important to act quickly. So even though the statute of limitations is a year, and that seems like a long time, the reality is it’s not very long at all.

Contact Satterley & Kelley if You or a Loved One Has Mesothelioma From Asbestos Exposure

John: Right. Absolutely. All right. Well that’s really good information, Paul. Thanks again for speaking with me today.

Paul: Thanks, John, I appreciate it.

John: And for more information about mesothelioma and asbestos exposure, visit the law firm of Satterley & Kelley at satterleylaw.com or call 855-385-9532.

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Talc-Based Baby Powder

Talc Asbestos and Mesothelioma (Podcast)

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In this podcast, John Maher talks with Paul Kelley from Satterley & Kelley. They talk about asbestos in talc, and they explain how this can lead to mesothelioma in some cases.

John Maher: Hi. I’m John Maher. I’m here today with Paul Kelley. Paul is a partner with the Kentucky personal injury law firm Satterley & Kelley, which has over 30 years of collective experience in handling cases involving mesothelioma and asbestos exposure. Today, we’re talking about talc, asbestos, and mesothelioma. Welcome, Paul.

Paul Kelley: Good morning, John. How are you?

What Is Talc? Where Does Talc Come From?

John: Good, thanks. So Paul, what is talc, and where does it come from?

Paul: Well, talc is a broad topic. Most commonly, talc that our listeners would probably be familiar with is in things like Johnson’s Baby Powder and similarly other talcum powder products, but talc is used in  a lot of stuff. Talc historically has been used in industrial settings. It’s been used in paint products. It’s been used in tile manufacturing. It’s been used in a wide variety of hygiene products from deodorants, the foot powders, of course, baby powders, and things like that. And so people historically have probably been exposed to a lot of talc in a lot of different ways throughout the course of their life.

You ask, well, where does talc come from? Talc is a naturally occurring product. It’s mined, and there are talc deposits all throughout the world. In the United States, there have been talc deposits in Vermont, New York, Montana, California, Arizona, down some of the southern states, Georgia and Alabama, and all throughout the country, but it’s a naturally occurring product.

And so what happens is companies will have talc mines, and they mine the talc. And they essentially rip it out of the earth using earth-moving equipment, and the talc comes out in a rock form. And they process it usually to make it into a smaller, more manageable substance, and then they sell it to manufacturers like Johnson & Johnson that further refine it and then put it into their talcum powder.

Or perhaps they’ll sell it to a paint manufacturer that is going to put it into an industrial paint, and they’ll process it and mix it into their paint. Or perhaps they’ll sell it to a tile manufacturer, and the tile manufacturer will mix it with other ingredients to form tile. But essentially, talc is something that grows in the ground. We wouldn’t have anything to do with it if we didn’t pull it out and mine it and use it to make commercial products with.

Talc and Asbestos Tile

John: Now, I’ve heard of asbestos tile before. Is that what we think of when we say asbestos tile? It’s a tile that contains talc, or is there another way that asbestos could be incorporated into tile products as well?

Paul: Oh no, it’s the talc.

John: Okay.

Paul: It’s absolutely the talc. There’s been quite a few cases over the years involving talc suppliers that provide their talc to tile manufacturers, and they put massive amounts of talc that they mix with other products. And they make floor tiles, ceiling tiles, wall tiles, but when you hear asbestos-containing tile, it’s the talc.

Other Products That Contain Talc

John: Okay. And are there other products that you didn’t mention that would contain talc as well?

Paul: I think the main ones that, again, we see are the tile and the cosmetic talc products and industrial paints. I mean, there could be a variety of products. For example, I think I’ve talked to you in the past about something called phenolic molding compounds, and we discovered in the case years ago that when they took the other type of asbestos out of phenolic molding compounds, they replaced it with talc. And some of that talc contained asbestos.

And so just to educate folks, phenolic molding compounds were used to make a lot of plastic products, finished plastic products from circuit breakers to automotive parts, I mean, all kinds of automotive parts from things that go in people’s engines to things that go in the actual car itself, like the steering wheel and console and things like that. But talc has been used in those kinds of products over the years.

Talc has been used kind of generically in some molding facilities. It doesn’t get incorporated into a product per se, but if a plant is molding a product or it’s a die cast molding operation, and so just making up whatever they’re making, they will frequently use talc to put in the mold, so when the product comes out, it doesn’t stick to the metal that’s in the mold itself. And so they use talc to dust the mold, and so that was common in manufacturing plants all throughout the country. Talc would be used to dust the molds, and then people who were making all kinds of die cast products would be exposed to talc in that way. And so wasn’t a part of a product per se, but it was the actual talc itself that people were exposed to. And that happened in manufacturing plants all across the United States.

Talc Can Contain Asbestos

John: Okay. Is talc a form of asbestos, or does it contain asbestos? How is asbestos related to talc?

Paul: So the talc itself is not asbestos. There is asbestos in the talc. I know that’s kind of a weird statement, but there is talc certainly that has been mined in the United States that doesn’t contain asbestos. Asbestos is similar to talc in that it also is a naturally occurring product. And so talc is mined. Asbestos is mined. Frequently, asbestos grows in the same areas where talc grows, and so when the talc is mined, lots of times, it’s mined in areas where asbestos is also present. And so it grows with the talc, and it is contained within the talc. And the talc itself will essentially … During that whole milling process and the procedures that they perform in order to make it usable by industry, it essentially becomes an asbestos-containing product.

Does Asbestos in Talc Cause Mesothelioma?

John: Right, okay. So does the type of asbestos that’s contained in talc cause mesothelioma, and what’s the evidence for that?

Paul: Oh, absolutely. So there have been numerous studies conducted, I mean, both historically going back to the 1960s and ’70s and certainly in the last 5 or 10 years that have linked the type of asbestos that is typically associated with talc to causing mesothelioma. For anybody that’s interested, typically, we’ll see something called tremolite asbestos or anthophyllite asbestos and then sometimes chrysotile asbestos.

There are six different fiber types of asbestos that we know about. Typically, chrysotile, amosite, and crocidolite are what we call the commercial types of asbestos, so they were intended to be in a product. So we talked about brake linings before, and manufacturers intended to put chrysotile asbestos into brake linings. We’ve talked about phenolic molding compounds, and those manufacturers intended to put crocidolite or chrysotile asbestos into their product. And so they were what was called commercial products.

Anthophyllite and tremolite are products that have been used commercially, but typically speaking, they weren’t intended to be commercial products. And those are the types of asbestos that we typically see associated with talc that winds up in things like cosmetic talcum powder products or winds up in things like ceiling tile and floor tile. And they are forms of amphibole asbestos. And there have been studies, I mean, going back decades that have attributed the cause of mesothelioma to all forms of amphibole asbestos, including anthophyllite, including tremolite, and then certainly, there have been studies more recently directly associated with talc and those fiber types and have most definitely attributed the cause of mesotheliomas to the fiber types specifically associated with the talc.

What Products Contain Talc?

John: Okay. And what products containing talc have now been discontinued, and what products might still contain talc?

Paul: Well, that’s interesting. A lot of products still contain talc. Very few things have been discontinued. Interestingly enough, within the last two years, Johnson & Johnson stopped selling baby powder with talc in the United States, and then I think within the last six months, Johnson & Johnson has stopped selling baby powder with talc anywhere in the world.

But you’re going to find all kinds of talcum powder products that still contain asbestos-containing talc. I mean, there are companies that make foot powders and other types of baby powders, other type of fragrance powders and things like that, and a lot of those companies have not taken their products off the market yet. And folks can still buy them today.

We always tell people that if you have a newborn child … and of course, Johnson’s baby powder has dominated the market in that industry for decades. Corn starch … You want to use corn starch. Corn starch is not talc, but it has been used in baby powders and cosmetic powders. It is a much safer alternative. It is not known to contain asbestos or any type of carcinogen, but there’s still cosmetic powders on the market today that contain asbestos.

Tile and paints … We probably don’t see a lot of those products anymore with asbestos, but to the extent that companies are still mining their talc from places that have historically been known to have asbestos deposits, then it’s still possible the paints and tiles, again, these plastic products, things of that nature, could still contain asbestos today.

A Lot of Tile Contained Asbestos Into the 2000s

John: Right, and then there’s a lot of those products that are just already installed, like tile floors and things like that everywhere. So yeah, anytime that you rip up a floor or something like that, you really need to have somebody come in and test it, make sure that it doesn’t contain asbestos, right?

Paul: Absolutely. It’s a huge risk. I mean, we’re aware of a company here in Kentucky, Florida Tile, that manufactured tile that contain asbestos talc until into the 2000s. So I mean, it’s not just old, old, old houses that contain asbestos or old facilities that contain asbestos tile.

I mean, it could literally be someplace that was built within the last 20 years. So if somebody was conducting a major renovation of their home or of their office, they could very easily come into contact with asbestos-containing talc and think, “Oh, well, yeah, I built this in 2001, nothing to worry about.” And that may, in fact, be untrue. So it’s always important to have those kinds of things tested before you go in and rip it up and tear it out and potentially expose yourself.

The finished tile itself probably isn’t going to cause anybody to get exposure, but once you start breaking it up, cracking it, smashing it, I mean, there’s a potential for high level of exposure. And certainly, nobody who’s doing that in their home or your typical office building, they’re not being protected by any sophisticated ventilation system. They certainly don’t have HEPA filters or vacuums or really any safeguards whatsoever. And the little dust masks that you go get at Home Depot, that doesn’t do it. That’s not going to protect you from any exposure.

Contact Satterley & Kelley About Asbestos Exposures

John: All right, that’s good to keep in mind. All right, thanks very much for speaking with me today, Paul. I appreciate it.

Paul: No problem, John. Thank you.

John: And for more information about mesothelioma and asbestos exposure, visit the law firm of Satterley & Kelley at satterleylaw.com or call 855-385-9532.

Click here for more information about other products that contain asbestos