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,...
Read MoreThe following published decision addresses the failure to preserve error on appeal relative to instructions. The issues surrounded preserving the error, manifest injustice; within the context of unjust enrichment and...
Read MoreThe following decisions, albeit unpublished, addressed a common thread on pain and suffering, past and future, but bypassed the interesting question and issue as to whether on not the statutory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 More1165. CIVIL PROCEDURE (DIRECTED VERDICT). INSTRUCTIONS. PAIN, SUFFERING, INCONVENIENCE.FERGUSON (BARBARA)VS.UNDERTOW TRUCKING, INCOPINION AFFIRMINGCLAYTON (PRESIDING JUDGE)ACREE (CONCURS) AND WINE...
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 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,...
Read MoreFrom Stamper v. Hyden, COA, Published, 2/18/2011 The Kentucky Supreme Court has addressed appellate review of instructional error as follows: The rule is that generally an erroneous instruction is presumed to be prejudicial to...
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