Injuries

HBO’s Last Week Tonight addresses police pursuit liability. Garmer & Prather helped change the law in Kentucky to benefit victims.

November 6, 2025 | by Garmer & Prather, PLLC

For at least the third time in recent years, John Oliver’s HBO show This Week Tonight has tackled an issue litigated by Garmer & Prather. In 2019, attorneys at our firm convinced the Kentucky Supreme Court to overturn a seven-decades-old law that gave police officers total immunity when an innocent bystander was killed by a police chase, regardless of whether it was reasonable to conduct a high-speed pursuit given the crime or the conditions, as long as the officer did not directly hit the victim. Now, Kentucky juries can determine whether law enforcement shares in the fault based on all of the circumstances involved. The opinion was Gonzalez v. Johnson, 581 S.W.3d 529 (Ky. 2019).

Police pursuits are incredibly dangerous, killing thousands of Americans every year, and more than 10 deaths each week are innocent bystanders who were not involved in the pursuit. Oftentimes these pursuits are initiated for things as trivial as minor traffic violations or, as in our Gonzalez case, nonviolent drug offenses when the suspect would be easy to find later. John Oliver shone a light on these practices and the failure to fairly weigh risks versus benefits when law enforcement initiates or continues the pursuit.

We recommend everybody watch this important segment. Mr. Oliver even includes footage of criminologist Geoff Alpert, a leading expert on police pursuits and one of our consultants in putting together the Gonzalez case.

Social Media Use During Litigation

February 23, 2021 | by Garmer & Prather, PLLC

These days, almost everyone will have a social media account during their lifetime. Consequently, social media has found its way into almost every part of modern life, including the courtroom. This is one reason why it is extremely important to monitor your social media accounts, especially if you are involved in litigation. Our team at Garmer & Prather can guide you through every step of your personal injury case, including how to handle your social media accounts.

The expression that, once something is on the internet it is there forever and anyone can find it, holds true for litigation purposes, too. You should assume that opposing lawyers and witnesses will look for your social media profiles. You should also assume members of the jury will explore your social media accounts, too.

At times, social media can be detrimental to your case, even if it was a seemingly harmless or unrelated status update or post. Consider this: You are involved in a case and are claiming serious lower back injury from a recent automobile collision. You probably know that you should not post about the owner of the vehicle that rear-ended you. However, last weekend you posted a photo of you and some friends enjoying a hike at a local nature trail. This seemingly innocent post can be misrepresented or misinterpreted by opposing counsel or a juror. They may not know that your physical therapist encouraged you to exercise to control your pain. They may simply conclude that the injuries you claim were not realistic.

A civil jury case becomes a landmark for car accident victims

June 21, 2018 | by Garmer & Prather, PLLC

Most Americans understand certain cases change the way we look at the law; these cases are often referred to as landmark cases. Americans often use the same examples for landmark cases, such as Brown v. Board of Education or Gideon v. Wainwright.

However, many state-level supreme courts address issue landmark opinions of their own. According to the Kentucky Trial Court Review, the most significant case for a civil jury verdict in Kentucky was Bill Garmer’s Margie Montgomery Hilen’s case against Keith Hays.

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