DAMAGES (ZERO SUFFERING): RIPPETOE V. FEESE (COA 3/2/2007)

RIPPETOE V. FEESE
DAMAGES:  Zero pain and suffering verdict
CIVIL PROCEDURE:  26.04 expert disclosures and treating physicians
2005-CA-002606
PUBLISHED: AFFIRMING; VANMETER
DATE RENDERED: 3/2/2007

This was a rear end car accident in which fault but not damages were stipulated.  The jury awarded nothing for pain and suffering, and the COA affirmed the trial court’s denial of a new trial as there was evidence of pre-existing conditions etc.   

COA held no error to award zero damages when evidence exists that injuries result from cause other than motor vehicle accident. Also, no error in allowing expert testimony when expert was listed by Plaintiff as possible expert, Plaintiff never objected to deposition notice, and deadlines were moved due to continuances.

The COA did note in a footnote the issue on whether or not treating physicians were expert witnesses for CR 26.02 disclosures had not been addressed in Kentucky.

Digested by Michael Stevens

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