Charles 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 MoreTrucking cases are different beasts. Tractor-trailers are colossal machines. They serve a very important role in commerce, but they also pose a risk when things go wrong. . . . In closing, big trucks can cause big crashes. Big...
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 MorePunitive damages were not permitted for the breach of contract claim in Federal Kemper Ins. Co. v. Hornback, 711 SW 2d 844 (Ky. 1986). However, Justice Liebson’s dissent is noted for future reference on the existence of a...
Read MoreTo recover for a claim for intentional interference with contractual relations, a plaintiff must establish the following elements: (1) the existence of a contract; (2) Defendants’ knowledge of this contract; (3) that it intended...
Read MoreTortious interference with a prospective business advantage does not require the existence of a contract. Elements are: (1) the existence of a valid business relationship or expectancy; (2) Defendant was aware of this...
Read MoreA common law negligence claim requires proof of (1) a duty owed by the defendant to the plaintiff, (2) breach of that duty, (3) injury to the plaintiff, and (4) legal causation between the defendant’s breach and the...
Read MoreFrom Property Insurance Coverage Law Blog, Merlin Law Group: Litigation does not end the continuing duty of good faith In a recent case in Tennessee, homeowners suffered a fire loss and filed a claim with their insurance...
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 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 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 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 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 MoreTorts. Duty Owed to Patrons of store when altercation occurs Rose vs. Wal-Mart COA Not Published 9/12/2014; PJ Combs Affirming Held Wal-Mart had no duty either to prevent or to intervene in a physical altercation involving...
Read MoreKlinglesmith vs. Esate of Reba Pottinger Premises Liability. Slip and Fall. Licensee treated differently on open and obvious. COA Not Published 9/12/2014; PJ Stumbo Affirming [Although the issue of plaintiff’s failure to...
Read MoreEstate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co COA, NPO 2/21/2014 PJ Caperton Affirming in Part, Reversing in Part, and Remanding Allen County Affirmed dismissal of wrongful death claim (but without prejudice) asserted...
Read MoreInsurance. Torts. Unfair Claims Settlement Practices Act. Murphy vs. Travelers Cas. and Surety Co. COA, NPO 1/17/2014 Here the COA stated the obvious and affirmed the dismissal of a claim of violation of the Unfair Claims...
Read MoreLegal Malpractice, Premises Liability and “Suit Within a Suit” Tonia Freeman vs. Becker Law Office, Kevin Renfro, Bubalo Heistand & Rotman, and Dianne E. Sonne COA, Not Published 1/10/20014 This is a legal...
Read More