POTTER VS. PIKEVILLE MEDICAL CENTER, INC. COA, Not Published, 7/19/2019Torts. Loss of consortium for parent’s loss of an adult child.Affirmed trial court granting partial summary judgment dismissing claim for loss of...
Read MoreCross v. Melton COA Not to be Published (6/1/18) On appellate review, when determining “whether a trial court erredby: (1) giving an instruction that was not supported by the evidence; or (2) not giving an instruction that was...
Read MoreKuchle Realty Co. v. Commonwealth of Kentucky Dept of Transportation COA Published 6/1/2018 The authority to condemn is subject to the constitutional restrictionthat the taking be for “public use” and the condemnee receive...
Read MoreRector, Executor of Est. of James Calvert vs. Calvert, Executrix of Est of James Calvert COA Not Published (6/1/2018) Reverse piercing of the corporate veil was raised in this appeal. To reach that issue, traditional piercing...
Read MoreCharles William Pearson v. Paula Pearson & Nationwide Reversing and Remanding. Jefferson (Perry J.) Trial judge erred on duty and foreseseeability of harm in granting summary judgement dismissing husband’s claims...
Read More“CLAYTON, JUDGE: Stanley Chesley appeals from an order of the Boone Circuit Court which ordered him to turn over his ownership interest in his law firm Waite, Schneider, Bayless & Chesley, Co. L.P.A....
Read MoreGailor 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...
Read MoreIn this case, the COA has a tight summary and analysis of claims for negligent parental supervision of their children. Briefly, the plaintiff was guest at an outside party and was hit in the back of her head by a water balloon...
Read MoreThe common law tort of breach of fiduciary duty requires the plaintiff to plead and prove four basic elements: “(1) the existence of a fiduciary duty; (2) the breach of that duty; (3) injury; and (4) causation.” Baptist Phys....
Read MoreRonald Eggemeyer vs. Dr. Ted H. Jefferson, COA, Published 6/12/2015 [Editor’s note: This decision reflects a major miscarriage of justice which will result in a third trial on a medical negligence issue. It is a worthy...
Read MoreMasterson vs. Siemens Industry, Inc. COA Not Published 10/31/2014; Affirming in part, reversing in part (Jefferson County, J. McDonald) In this nonpublished decision by the Kentucky Court of Appeals, a multitude of issues were...
Read MoreCOA 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,...
Read MoreTrying 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”...
Read MoreIs 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...
Read MoreFLICK (MICHAEL JOSEPH) VS. THE ESTATE OF CHRISTINA WITTICH COA, Published 2/6/2015 OPINION REVERSING AND REMANDING MAZE (PRESIDING JUDGE); KRAMER (CONCURS) AND J. LAMBERT (DISSENTS AND WILL NOT FILE A SEPARATE OPINION) MAZE,...
Read MoreThe title of this post says it all, and to put it in perspective, I will lead with Judge Maze’s dissent from the majority in this decision (Judges Vanmeter and Kramer (formerly Moore)). I was present during the oral...
Read MoreThis 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...
Read MoreThe one-year state of limitations for most torts may be the law, and may work in many cases, but it can be way too short in this era of trying to figure out who the proper party is in this complex world of hide the ball from the...
Read MoreThe Supreme Court remanded the following case back to the Court of Appeals to render a decision consistent with State Farm Mutual Auto Insurance Company v. Hodgkiss-Warrick, 413 S.W.3d 875 (2013). For what it’s worth and...
Read MoreThe following Court of Appeals decision ordered to be published on 9/12/2014 was modified by order on 9/26/2014. Since I do not have a copy of the earlier decision for purposes of comparision, I am hopeful that a reader might...
Read More