Every picture tells a story, or so I am told. But every trial also tells a story, and this I know. But unlike those stories told at reunions and other get-togethers, a story at trial is one of advocacy and persuasion with a goal...
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 More“Vote No on Senate Bill 2” Your right to a trial by jury of your peers is under siege. I encourage every citizen to contact their Kentucky State Senator and ask them to “Vote No on Senate Bill 2”. Please...
Read MoreI consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution. and Trial by jury is part of the bright constellation which leads to peace, liberty...
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 MoreThe video “Mel Ignatow: Getting Away With Murder” can watched by going to the You Tube channel at – https://www.youtube.com/watch?v=RzXyj4lqvPU. Twenty five plus years after Brenda Sue Schaefer’s death at the hands of Mel...
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 MoreSome older folks will recall this classic video from renown trial lawyer, teacher, and advocate, Irving Younger entitled “The Ten Commandments of Cross-Examination”. It was a classic then, and it remains so...
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 following decision presents an interesting issue on the characterization of examining physicians used in negligence cases to address causation and injuries. There are treating physicians, and there are...
Read MorePersels & Associates LLC v. Capital One Bank COA PUB 2/14/2014 (Presiding Judge Clayton) Daviess County, Trial Judge Joseph Castlen, III CLAYTON, JUDGE: Persels & Associates, LLC appeal the Daviess Circuit Court’s...
Read MoreYou write it! You sign it. In this decision, local counsel was sanctioned when hired to assist national collections law firm in a Kentucky court case. Their “agreement” was no need to sign or appear, but the Court...
Read MoreFrom “Behind the Green Curtain in the Land of Oz” The Lion – “I’m afraid to look!.” Toto – “Woof, Woof” Dorothy – “Oh my. Do you really think there is...
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 MoreMedical illustrations can take your diagnostic images and put them in an illustration that can be used in court, mediation or depositions to be more easily understood by jurors, adjusters, mediators and with more impact! Your...
Read MoreMARLOW(PATRICIA), AS ADMINISTRATRIX, ET AL. VS. BUCK (JAMES) OPINION AFFIRMING NICKELL (PRESIDING JUDGE) MOORE (CONCURS) AND TAYLOR (CONCURS IN RESULT ONLY) 2012-CA-000125-MR 2012-CA-000189-MR NOT TO BE PUBLISHED 4/12/2013...
Read MoreOrdering separate trials, aka bifurcation, is a practice often applied in bad faith and underinsured motorist claims (no Coots advance). In this COA decision, bifurcation was applied in a different context, and I thought the...
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 MoreRichard Gabbard v. Commonwealth of Kentucky2008-SC-000062-MR October 29, 2009Opinion by Justice Noble. All sitting; all concur. Gabbard argued hismurder conviction must be reversed under Shane since he was forced touse two...
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