Michael Stevens | Kentucky Court Report

COA: March 2015 Oral Argument Calendar for Court of Appeals (Mar. 25 @ Univ of Louisville; Mar. 25 @ Somerset; and Mar. 30 in Leitchfield)

Posted by Michael Stevens | Mar 8, 2015 | Argument Calendars, COA Argument Calendars, Court of Appeals |

Court of Appeals of Kentucky will hear oral arguments for the month of March 2015 on Mar. 25 at Brandeis School, University of Louisville; Mar. 25 at Somerset (yes two places but different panels) and March 30 at Leitchfield....

Kentucky Court Houses: The Court Houses of Adair County

Posted by Michael Stevens | Mar 7, 2015 | Courthouses |

Here is a collage of the court houses of Adair County, Columbia, Kentucky Adair County is a rural community of 17,244 residents, located in south central Kentucky, just two hours from Louisville, home of the Kentucky Derby, and...

Case Note – When common law medical negligence instruction given, no need for separate failure to consent instruction (Horsley vs. Dr. Kenneth Smith and KS Eyeworks, COA Published, 2/13/2015)

Posted by Michael Stevens | Mar 5, 2015 | Case Notes, COA Decisions, Instructions, Medical, Torts |

COA affirmed jury verdict in favor of defendant, Dr. Kennth R. Smith and KS Eyeworks in a medical negligence and informed consent claim. The basic facts were that Dr. Smith advised he should have cataract surgery on both eyes,...

Case Notes: Plaintiff prevails in excluding evidence at trial but loses $1.9 million verdict on appeal when it should have come in – Motorists Mutual Ins. Co. vs. Gypsie Thacker (COA, NPO 2/6/2015)

Posted by Michael Stevens | Mar 4, 2015 | Case Notes, COA Decisions, Evidence, Insurance, Trial |

Trying cases is tough. You are in the arena which can seem like a war zone, making decisions in a blink of an eye, but always keeping the other eye looking to preserve errors for appeal so when the case is “tried”...

Case Notes: Of bad faith and duties to defend, investigate and indemnify – Demetre vs. Indiana Insurance Co., COA Published, Jan. 30, 2015

Posted by Michael Stevens | Mar 3, 2015 | Bad Faith, Case Notes, COA Decisions, Insurance, Torts |

Is a reservation of rights and providing the insured counsel, a defense to statutory and contractual bad faith claims? The Court of Appeals basically said – nope, it ain’t. The following opinion by Judge Thompson...

Author: Michael Stevens

COA: March 2015 Oral Argument Calendar for Court of Appeals (Mar. 25 @ Univ of Louisville; Mar. 25 @ Somerset; and Mar. 30 in Leitchfield)

Kentucky Court Houses: The Court Houses of Adair County

Case Note – When common law medical negligence instruction given, no need for separate failure to consent instruction (Horsley vs. Dr. Kenneth Smith and KS Eyeworks, COA Published, 2/13/2015)

Case Notes: Plaintiff prevails in excluding evidence at trial but loses $1.9 million verdict on appeal when it should have come in – Motorists Mutual Ins. Co. vs. Gypsie Thacker (COA, NPO 2/6/2015)

Case Notes: Of bad faith and duties to defend, investigate and indemnify – Demetre vs. Indiana Insurance Co., COA Published, Jan. 30, 2015

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