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 MoreIt’s my opinion that when you do have the choice [to discuss dollar amounts in your opening], sometimes you should discuss the dollar amount sought and sometimes you shouldn’t. If the case has merit and damages are...
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 MoreOccidental Fire and Casualty Co. vs. Moore COA Not Pub. 9/6/2013 Court costs included transcript and video of same deponent and costs of trial exhibits. COA affirmed both awards by the trial judge. Depositions. The award of...
Read MoreOccidental Fire and Casualty Co. vs. Moore COA Not Pub. 9/6/2013 Impaired earning capacity. With regard to permanent impairment, the COA noted that Dr. Heilig testified that Moore suffered a permanent impairment due to the...
Read MoreOccidental Fire and Casualty Co. vs. Moore COA Not Pub. 9/6/2013 Future Medical Expenses. Impaired earning capacity. Physician testified to $5,000 in future medicals, and his medical records identified the need for two...
Read MoreThe Court of Appeals addresses causation and substantial factor in making the link from negligence to harm: ESTATE OF MABEL C. MOLONEY VS. BECKER OPINION AFFIRMING VANMETER (PRESIDING JUDGE) NICKELL (CONCURS) AND TAYLOR...
Read MoreOLIVER (ROBERT C.) VS. HILLIARD (J.J.B.), ET AL. OPINION AFFIRMING IN PART, REVERSING IN PART AND REMANDING CLAYTON (PRESIDING JUDGE) COMBS (CONCURS) AND THOMPSON (DISSENTS) 2010-CA-001138-MR 2010-CA-001236-MR;...
Read MoreCRUTCHER (B. TODD), ET AL. VS. HARROD CONCRETE AND STONE CO. OPINION AFFIRMING IN PART, REVERSING AND VACATING IN PART, AND REMANDING NICKELL (PRESIDING JUDGE) COMBS (CONCURS) AND MOORE (CONCURS) 2010-CA-001750-MR...
Read MoreCRUTCHER (B. TODD), ET AL. VS. HARROD CONCRETE AND STONE CO. OPINION AFFIRMING IN PART, REVERSING AND VACATING IN PART, AND REMANDING NICKELL (PRESIDING JUDGE) COMBS (CONCURS) AND MOORE (CONCURS) 2010-CA-001750-MR...
Read MoreMiller v. Swift was applied by the COA in the following decision. In affirming the trial court decision, the COA stated in support of its conclusion, that Sufficient probative evidence was presented which directly challenged...
Read MoreIn medical negligence cases, a misdiagnosis creates two difficult problems for the injured claimant which do not appear to be fully appreciated by our appellate courts, usually under the misguided belief that it would be...
Read MoreO.(R.) VS. C.(A.) COA, Published, 3/26/2012 We review the constitutionality of punitive damages de novo. Steel Technologies, Inc. v. Congleton, 234 S.W.3d 920, 931 (Ky. 2007); McDonald’s Corporation v. Ogborn, 309 S.W.3d 274,...
Read MoreThe following decisions, albeit unpublished, addressed a common thread on pain and suffering, past and future, but bypassed the interesting question and issue as to whether on not the statutory prescription in the no fault act...
Read MoreTermination of representation on a contingent fee contract places payment for your services from the recovery in jeopardy. In the following COA decision, withdrawing cost the attorney his contractual contingent fee but...
Read MoreFrom Excel v. Liberty Mutual, COA, NPO, 5/6/2011 Next, Exel contends the trial court erred by finding that it failed to present evidence to support a finding that Liberty’s actions caused actual damage or injury to Exel....
Read MoreFrom CUMMINGS (CALVIN) VS. STEELE (BURNICE W.), ET AL., NPO, COA 3/11/2011 The decision of whether to grant a motion for a new trial based uponinadequate or inconsistent damages “‘. . . . is a discretionary function assigned to...
Read MoreThe following is an important decision by the COA which held in this published decision that the CR 26 answers to damage interrogatories can be supplemented at the close of evidence and before the case is submitted to the jury....
Read MoreBonar v. Waite, Schneider, Bayless & Chesley Co., L.P.A.2007-CA-001374 10/16/09 2009 WL 3336065 Rehearing PendingOpinion by Judge Dixon; Judge Nickell and Senior Judge Knopf concurred. The Court affirmed a judgment of the...
Read MoreFuel Transport, Inc. v. Gibson2008-CA-000969 9/25/09 2009 WL 3047578 Rehearing pendingOpinion by Judge Clayton; Judge Thompson and Senior Judge Lambert concurred. The Court affirmed in part and reversed in part a judgment of the...
Read More