Civil Procedure | Kentucky Court Report

Case Notes: Statute of Limitations and Relation Back Doctrine Applied to Amended Complaint to Include Estate

by Michael Stevens | Jan 20, 2018 | Case Notes, Civil Procedure, COA Decisions, Statute of Limitations | 0 |

Gailor v. Alsabi distinguished on its facts to permit the original complaint to be amended and relate back when defendant driver died before service, but an Administrator was appointed within the statute of limitations. This...

Case Notes: A River Runs Through It in Jurisdiction issues in case involving medical treatment in Louisville but followup surgery across the Ohio River (Cooper vs. Dr. Ajith Nair, Kentuckiana Pain Specialists and Metro Specialty Surgery Center, COA NPO 1/9/2015)

by Michael Stevens | Jan 24, 2015 | Case Notes, Civil Procedure, COA Decisions, Jurisdiction, Medical, Opinions and Editorials, Torts | 0 |

This decision highlights what the risks are when you select a Louisville physician who then ships you across the river to Indiana for surgery (where there is more favorable medical malpractice protection for the doctor...

Case Notes: Defenses: Failure to revive cause of action upon defendant’s death dismissed as untimely and “equitable estoppel” not help the plaintiff under facts

by Michael Stevens | Sep 13, 2014 | Case Notes, Civil Procedure, COA Decisions, Defenses | 0 |

Geraldine Allen vs. Emily Conner (now deceased) and Ohio Cas. Ins. Co. COA NPO 2/28/2013 Affirming Jefferson County COMBS, JUDGE: Geraldine H. Allen appeals the April 8, 2013, order of the Jefferson Circuit Court dismissing her...

Cause of Action. Kentucky is not a “direct action” state. Insurance company not proper defendant in wrongful death claim resulting in dismissal withOUT prejudice (Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co. COA, NPO 2/21/2014)

by Michael Stevens | Sep 13, 2014 | Causes of Action, Civil Procedure, COA Decisions, Insurance, Torts | 0 |

Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co COA, NPO 2/21/2014 PJ Caperton Affirming in Part, Reversing in Part, and Remanding Allen County Affirmed dismissal of wrongful death claim (but without prejudice) asserted...

COA: Sept. 5, 2014 Minutes ( 797-819): applicability of immunity defenses to claim against state trooper for malicious prosecution; and service on wife not good enough for jurisdiction for default judgment

by Michael Stevens | Sep 9, 2014 | Civil Procedure, COA Minutes, Court of Appeals, Immunity, Minutes - COA and SCOKY | 0 |

The Kentucky Court of Appeals announced 23 decisions on Sept. 5, 2014, with one case published (criminal law). Our tort report of decisions of interest to Louisville and Kentucky injury attorneys dealing with torts, insurance...

Rule 11 Sanctions: Local counsel must sign pleadings!

by Michael Stevens | Feb 18, 2014 | Civil Procedure, COA Decisions, Tort Report, Trial | 0 |

You write it! You sign it. In this decision, local counsel was sanctioned when hired to assist national collections law firm in a Kentucky court case. Their “agreement” was no need to sign or appear, but the Court...

CIVIL PROCEDURE – MISJOINDER OF PARTIES: Permissive joinder and misjoinder of parties in claim arising from two closely related car collisions (Hughes vs. Lawrence-Hightchew, COA PUB 12/20/2013)

by Michael Stevens | Dec 20, 2013 | Civil Procedure, COA Decisions | 0 |

Civil Procedure (misjoinder, leave to amend)Hughes v. Lawrence-HightchewCOA Published 12/20/2013Vacating and RemandingCOMBS, JUDGE: Teresa Hughes appeals from an order of the Campbell Circuit Court dismissing her personal injury...

Court Costs. Trial Court’s Discretion. Video and transcript of deposition reimbursable; Costs of Trial Exhibits Reimbursable (Occidental Fire and Casualty Co. vs. Moore COA Not Pub. 9/6/2013)

by Michael Stevens | Oct 1, 2013 | Civil Procedure, Damages, Trial | 0 |

Occidental Fire and Casualty Co. vs. Moore COA Not Pub. 9/6/2013 Court costs included transcript and video of same deponent and costs of trial exhibits. COA affirmed both awards by the trial judge. Depositions. The award of...

Civil Rules: Liberal construction of pleadings followed to do substantial justice. Cardwell vs. Miller, COA, NotPublished, 3/1/2013

by Michael Stevens | Apr 25, 2013 | Civil Procedure, COA Decisions | 0 |

Liberal construction of pleading rules. CR 8.01 CARDWELL (WILLIAM A.) VS. MILLER (REX), ET AL. OPINION REVERSING AND REMANDING DIXON (PRESIDING JUDGE) CAPERTON (CONCURS) AND TAYLOR (CONCURS) 2012-CA-000400-MR NOT TO BE...

Standard of Review: For appellate court in reviewing trial courts application of statute of limitations

by Michael Stevens | Jul 26, 2012 | Civil Procedure, Insurance, Standards of Review | 0 |

Statute of Limitations Ruling by trial court. A question of law, and when within the context of applying the SOL in a UIM context a question of contract interpretation, too. Review on appeal: From Hill v. State Farm, COA, Pub.,...

Bifurcation of issues (separate trials) ordered on the morning of trial affirmed on appeal (Calhoun v. Prevence, COA, Pub., 6/22/2012)

by Michael Stevens | Jul 22, 2012 | Civil Procedure, Trial | 0 |

Ordering separate trials, aka bifurcation, is a practice often applied in bad faith and underinsured motorist claims (no Coots advance). In this COA decision, bifurcation was applied in a different context, and I thought the...

STDS of REVIEW: Appellate review of jury instructions in civil case

by Michael Stevens | Dec 25, 2011 | Civil Procedure, Instructions, Motions - Default, Set Aside, SJ etc., Standards of Review | 0 |

1165. CIVIL PROCEDURE (DIRECTED VERDICT). INSTRUCTIONS. PAIN, SUFFERING, INCONVENIENCE.FERGUSON (BARBARA)VS.UNDERTOW TRUCKING, INCOPINION AFFIRMINGCLAYTON (PRESIDING JUDGE)ACREE (CONCURS) AND WINE...

STDS OF REVIEW: Appellate review of directed verdict denial

by Michael Stevens | Dec 25, 2011 | Civil Procedure, Motions - Default, Set Aside, SJ etc., Standards of Review | 1 |

1165. CIVIL PROCEDURE (DIRECTED VERDICT). INSTRUCTIONS. PAIN, SUFFERING, INCONVENIENCE.FERGUSON (BARBARA)VS.UNDERTOW TRUCKING, INCOPINION AFFIRMINGCLAYTON (PRESIDING JUDGE)ACREE (CONCURS) AND WINE...

Civil Procedure: When defendant dies, then claim must be revived, or else the claim dies too

by Michael Stevens | Nov 17, 2011 | Civil Procedure | 0 |

Failure to revive a cause of action when the defendant dies is fatal to the claim if not accomplished timely. Plaintiff's attempt to color this as a fiction and assert the claim against the insurance company as the...

Stds of Review: Appellate review of dismissal for lack of prosecution

by Michael Stevens | Nov 17, 2011 | Civil Procedure, Standards of Review | 0 |

1045. ATTORNEY FEES. CONTRACT VS. QUANTUM MERUIT UPON VOLUNTARY WITHDRAWING.BRADLEY (SAM), ET AL.VS.ESTATE OF HERMAN LESTEROPINION VACATING AND REMANDINGACREE (PRESIDING JUDGE)DIXON (CONCURS) AND LAMBERT...

Summary Judgment: NPO COA decision in Gant v. State Farm re PIP, wage loss, self employed, and opportunity to engage in discovery prior to summary judgment

by Michael Stevens | May 8, 2011 | Civil Procedure, Insurance, Motions - Default, Set Aside, SJ etc., Summary Judgment | 0 |

In Gant v. State Farm, NPO, COA 4/22/2011, Judge Moore in a nonpublished COA decision dealt within the PIP context the proof needed to obtain lost wages by a self-employed claimant. In this case, the claimaint presented a...

Standards of Review: Summary Judgment – Opportunity to complete discovery

by Michael Stevens | May 8, 2011 | Civil Procedure, Insurance, Standards of Review | 0 |

From Gant v. State Farm, NPO, COA 4/22/2011 This case addresses within the PIP context the proof needed to obtain lost wages by a self-employed claimant. Although one of the issues on appeal related to the burden and...

Std of Review: Leave to amend by trial judge

by Michael Stevens | Mar 27, 2011 | Civil Procedure | 0 |

From Perry v. National City Bank, COA, NPO, 3/18/2011 Leave to amend must be freely given when justice so requires. CR3 15.01. However, a court has broad discretion in granting or denying leave to amend, and may base its denial...

Stds of Review: Reconsideration of prior trial ruling subject to abuse of discretion (and determining indispensable party)

by Michael Stevens | Mar 5, 2011 | Civil Procedure, Motions - Default, Set Aside, SJ etc., Standards of Review | 0 |

In Jones v. Stucker, the COA in a nonpublished decision, dated 2/25/2011 applied the abuse of discretion standard to the trial court's ruling on motion to reconsider and rescind a prior order of the trial court which had...

Trial: Supplementing Damage Interrogatory Answers AFTER close of evidence and before submitting to jury permitted

by Michael Stevens | Mar 5, 2011 | Civil Procedure, Damages, Trial | 0 |

The following is an important decision by the COA which held in this published decision that the CR 26 answers to damage interrogatories can be supplemented at the close of evidence and before the case is submitted to the jury....

Category: Civil Procedure

Case Notes: Statute of Limitations and Relation Back Doctrine Applied to Amended Complaint to Include Estate

Case Notes: A River Runs Through It in Jurisdiction issues in case involving medical treatment in Louisville but followup surgery across the Ohio River (Cooper vs. Dr. Ajith Nair, Kentuckiana Pain Specialists and Metro Specialty Surgery Center, COA NPO 1/9/2015)

Case Notes: Defenses: Failure to revive cause of action upon defendant’s death dismissed as untimely and “equitable estoppel” not help the plaintiff under facts

Cause of Action. Kentucky is not a “direct action” state. Insurance company not proper defendant in wrongful death claim resulting in dismissal withOUT prejudice (Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co. COA, NPO 2/21/2014)

COA: Sept. 5, 2014 Minutes ( 797-819): applicability of immunity defenses to claim against state trooper for malicious prosecution; and service on wife not good enough for jurisdiction for default judgment

Rule 11 Sanctions: Local counsel must sign pleadings!

CIVIL PROCEDURE – MISJOINDER OF PARTIES: Permissive joinder and misjoinder of parties in claim arising from two closely related car collisions (Hughes vs. Lawrence-Hightchew, COA PUB 12/20/2013)

Court Costs. Trial Court’s Discretion. Video and transcript of deposition reimbursable; Costs of Trial Exhibits Reimbursable (Occidental Fire and Casualty Co. vs. Moore COA Not Pub. 9/6/2013)

Civil Rules: Liberal construction of pleadings followed to do substantial justice. Cardwell vs. Miller, COA, NotPublished, 3/1/2013

Standard of Review: For appellate court in reviewing trial courts application of statute of limitations

Bifurcation of issues (separate trials) ordered on the morning of trial affirmed on appeal (Calhoun v. Prevence, COA, Pub., 6/22/2012)

STDS of REVIEW: Appellate review of jury instructions in civil case

STDS OF REVIEW: Appellate review of directed verdict denial

Civil Procedure: When defendant dies, then claim must be revived, or else the claim dies too

Stds of Review: Appellate review of dismissal for lack of prosecution

Summary Judgment: NPO COA decision in Gant v. State Farm re PIP, wage loss, self employed, and opportunity to engage in discovery prior to summary judgment

Standards of Review: Summary Judgment – Opportunity to complete discovery

Std of Review: Leave to amend by trial judge

Stds of Review: Reconsideration of prior trial ruling subject to abuse of discretion (and determining indispensable party)

Trial: Supplementing Damage Interrogatory Answers AFTER close of evidence and before submitting to jury permitted

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