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Articles Posted in Businesses

By Aaron Smith, Partner
English, Lucas, Priest and Owsley, LLP

Just a few short weeks ago, attorneys Buzz English and J.A. Sowell from our firm took a case to trial because our client felt it was the best option, and we concurred.

In that case, we were defending a truck driver and the company he worked for against a lawsuit filed by a pedestrian he struck at night while driving. Our observation from that case is that sometimes it is best to go to trial — and we had that lesson reinforced for us and our clients again this week in Simpson Circuit Court.

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By Buzz English, Partner
English, Lucas, Priest and Owsley, LLP

Buzz English

Buzz English

In the modern-day legal system, it is becoming increasingly rare to take a case to a jury trial. But sometimes it is the best course, especially if you believe you are in the right.

In September, I was in Wayne County Circuit Court in Monticello, Kentucky, trying a case filed by a pedestrian who had been struck by my client, Beja Environmental’s driver, John Magazzeni. Attorney J.A. Sowell, also with ELPO, joined me in representing Magazzeni and Beja at trial.

The Plaintiff

Plaintiff, a 68-year-old woman, walked across a bypass road, just past a lighted intersection and Magazzeni collided with her.  Obviously, the accident caused serious injuries, and Plaintiff was life-flighted to the University of Kentucky’s hospital, where she remained for months.  Prior to trial, she claimed Magazzeni ran a red light and hit her.  At trial, now 72 and assisted by a walker, she claimed she was standing on the median when Magazzeni hit her.

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By Nathan Vinson, Attorney
English, Lucas, Priest and Owsley, LLP

This is that time of year when we all start thinking about taxes – and how to pay less. We’ve often gotten the news from our accountants that perhaps our refunds won’t be as large as we’d like or that we owe. Ugh to both.

This is a good time to consider if your business can be more charitably minded, and perhaps help you pare back the tax burden next year.

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By Nathan Vinson, Attorney

English, Lucas, Priest and Owsley

business womanOwning a business is the American dream for many. It’s building something from your own hands that you’ve shaped and created. It’s long hours, and a labor of love – but in the end – it’s yours. And that’s a fantastic feeling if you’ve got an entrepreneurial streak.

But that feeling of ownership is what keeps a lot of business owners from planning for the future. It’s hard to envision a time when your business will go on without you. Your failure to plan for that inevitability is your biggest vulnerability as an entrepreneur, and can rob you of the equity you’ve built over the years of business ownership.

The best succession plan is one that you make before you need it. It’s on the shelf, ready to go, should something happen to you or other key business owners or managers. It is also a living plan, though, that you should review at least annually and update as needed, just as you would with any other estate documents such as a will or trust.

Even if you don’t see yourself ever leaving your business, creating a plan is a good exercise in thinking about the strategy and purpose of your business, your role in it and the importance of having key people to help you execute your vision. You may find this article from the Small Business Administration on how to exit your business helpful.

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