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Posted by Michael Stevens | Mar 26, 2011 | Evidence |
From Leighton v. CSX, COA, Published 3/11/2011 Kentucky’s Supreme Court recently explained the collateral source rule as follows.It is improper to reduce a plaintiff's damages by payments for medical treatment under a health...
Read MorePosted by Michael Stevens | Mar 26, 2011 | COA Minutes, Tort Report |
COA 2011 Minutes for March 4, 2011 – Nos. 202 – 223 Click on the above link for the full text of minutes with link to full text of each decision. Link to AOC Page with current minutes and archived...
Read MorePosted by Michael Stevens | Mar 24, 2011 | Causes of Action |
From Rucinski v. Cinemark, COA, Nonpublished 3/4/2011 The parties agree that Rucinski was an invitee of Cinemark. An invitee is one who “enters upon the premises at the express or implied invitation of the owner or occupant . ....
Read MorePosted by Michael Stevens | Mar 24, 2011 | Causes of Action |
From Rucinski v. Cinemark, COA, Nonpublished 3/4/2011 Three elements constitute actionable negligence: 1) that the defendant owed a duty to the plaintiff; 2) that the defendant breached that duty; and 3) that the breach caused...
Read MorePosted by Michael Stevens | Mar 24, 2011 | Instructions, Standards of Review |
From Harstad v. Whiteman, COA, Published 3/4/2011: “Alleged errors regarding jury instructions are considered questions of law that we examine under a de novo standard of review.” Hamilton v. CSX Transp., Inc., 208 S.W.3d 272,...
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