The Court of Appeals will be hearing oral arguments on cases for March 2013 at Louisville on Mar. 20; Frankfort on Mar. 27, 28:
Issues of interest to Kentucky personal injury and accident attorneys include:
- Patricia Marlow, Adm. vs. Dr. James Buck (3/27):Whether trial court erred in denying directed verdict in medical malpractice action where doctor admitted causing patient’s death by inadvertently inserting needle into aorta during needle biopsy, but there may have been some other intervening event besides the doctor’s breach of the standard of care that caused the death where patient died en route to operating room for surgery to repair bleeding puncture wound to aorta? Whether jury instructions were flawed? On cross-appeal, whether trial court erred in denying cross-examination of deceased’s son’s child psychologist about counseling records regarding loss of consortium claim? Whether trial court erred in excluding counseling records of deceased’s children sought to be introduced through doctor’s expert witness where the records were not mentioned in Rule 26 disclosure?
- Collin Elam vs. Alfred Smith (3/27):Whether trial court erred in preventing plaintiff, a passenger in a vehicle involved in a car collision, from identifying to jury the UIM carrier that had substituted the defendant’s policy limits and paid the policy limits to the plaintiff, or did Earle v. Cobb, 156 S.W.3d 257 (Ky. 2004) allow such disclosure? Whether trial court erred in excluding plaintiff’s cross-examination of medical defense expert about opinions of two IME’s? Whether trial court erred in denying plaintiff’s motion for partial summary judgment on basic reparation benefits claim where his insurance carrier filed an untimely response? Whether a new trial should occur because the jury awarded inadequate ($0.00) damages?
- Anthony Clay vs. Todd Maggard (3/28):
Whether circuit court erred by granting summary judgment in favor of appellees based upon sovereignimmunity and failure to exhaust administrative remedies.
Click here for entire INDEX to COAKY calendars organized by month and year.