Here is a sample illustration of a lumbar (L5-S1) video that shows the steps. Might be for learning purposes for patient and lawyer, but there may be sources out there that can prepare specific videos for demonstrative evidence....
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 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 MoreIt would be so much easier to prevail in personal injury cases if we did not have to worry about evidence to show duty and breach. Negligence is usually not that difficult. Oftentimes, we think that res ipsa loquitur may prove...
Read MoreFrom the former practice of preserving testimony with an avowal to the KRE 103 proffer of expected testimony, a trap is laid for the need for specificity and clarity falling short of the actual avowal of the testimony of...
Read MoreThe published decision by the Court of Appeals in Moloney vs. Becker is just chock full of stuff. In addition to the standard of review law on motions for JNOV and directed verdict, we have a little legal rif on negligence per...
Read MoreEvidence rulings on prior inconsistent statements; expert witnesses; closing argument Wilson vs. Madzhitov COA, Not Published 3/29/2013 Jefferson VANMETER, JUDGE: Alisha Wilson appeals from the Jefferson Circuit Court judgment...
Read More171. TORTS. PERSONAL INJURY. SPOLIATION OF EVIDENCE. UNIVERSITY MEDICAL CENTER (UofL) V. MICHAEL G. BEGLIN, ETC. Questions Presented: Personal Injury. Jury Instructions. Missing evidence. Issues include propriety of giving...
Read MoreUNIVERSITY MEDICAL CENTER (UofL) V. MICHAEL G. BEGLIN, ETC.Questions Presented:Personal Injury. Jury Instructions. Missing evidence. Issues include propriety of giving spoliation instruction and other evidentiary...
Read MoreFrom Jackson v. Commonwealth, COA, Published, July 8, 2011 The “excited utterance” hearsay objection under KRE 803(2) is defined as “[a] statement relating to a startling event or condition made while the declarant was under the...
Read MoreFrom 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 MoreMichael J. O’Connell, Et al. v. Honorable Frederic J. Cowan, Et al. 2009-SC-000596-MR (Original Opinion: May 20, 2010; Modified: December 16, 2010) Opinion of the Court by Chief Justice...
Read MoreFlint v. Stilger2009-CA-000475 01/22/2010 2010 WL 199566Opinion by Judge Caperton; Judge Dixon and Senior Judge Henry concurred. The Court reversed and remanded a summary judgment entered in favor of appellee on appellant’s...
Read MoreFaller v. Endicott-Mayflower, LLC2008-CA-001506 11/20/09 2009 WL 3878062Opinion by Judge Nickell; Chief Judge Combs and Judge Taylor concurred. The Court affirmed a summary judgment in favor of appellees on appellant’s claims...
Read MoreSteve Burton v. Commonwealth of Kentucky2006-SC-000784-MR October 29, 2009Opinion by Justice Scott; all sitting. After a head-on collision with another vehicle, Burton was convicted of manslaughter, second-degree assault and...
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 MoreBoland-Maloney Lumber Company, Inc. v. Burnett2008-CA-000059 9/11/09 2009 WL 2901206 DR pendingOpinion by Judge Wine; Judges Acree and Stumbo concurred. The Court affirmed on direct appeal and reversed on cross-appeal a judgment...
Read MoreZapp v. CSX Transportation, Inc.2008-CA-001362 9/25/09 2009 WL 3047630 Rehearing pendingOpinion by Judge Taylor; Chief Judge Combs and Judge Nickell concurred. The Court reversed and remanded an order of the circuit court...
Read MoreRaymond Kreps v. Commonwealth of Kentucky 2007-SC-00814-MR June 25, 2009 Opinion by Justice Abramson. All sitting; all concur. Kreps appealed his conviction on multiple counts of rape of a 14-year-old girl, arguing the trial...
Read MoreTen Broeck Dupont, Inc. (d/b/a Ten Broeck Hospital) v. Artemecia Brooks2006-SC-000484-DG May 21, 2009Opinion by Justice Scott. Justice Abramson not sitting. Patient sued a psychiatric hospital claiming she was raped by an...
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