Attorney Fees; Withdrawing representation on contingency fee arrangement,...
Termination 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...
View ArticleJURY INSTRUCTIONS: Civil case, separate instructions for past and future pain...
The following decisions, albeit unpublished, addressed a common thread on pain and suffering, past and future, but bypassed the interesting question and issue as to whether on not the statutory...
View ArticleSTDS of REVIEW: Punitive Damages Constitutionality
O.(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...
View ArticleDamages: Increased risk of harm and lost opportunity of recovery in medical...
In 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...
View ArticleZero pain and suffering verdict affirmed in auto case (Turner v. Stone, NPO,...
Miller 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...
View ArticleDamages: Compensatory damages, willful trespass; Cruther v. Harrod Concrete,...
CRUTCHER (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)...
View ArticleDamages: Punitive Damages addressed in Crutcher v. Harrod Concrete, Pub. COA,...
CRUTCHER (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)...
View ArticlePrejudgment Interest: Oliver vs. Hilliard, COA, NPO, 3/1/2013
OLIVER (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...
View ArticleCAUSATION: “Substantial factor” and causation of harm in negligence cases...
The 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...
View ArticleDamages. Future Medical Expenses (Occidental Fire and Casualty Co. vs. Moore...
Occidental 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...
View ArticleDamages. Impairment (Occidental Fire and Casualty Co. vs. Moore COA Not Pub....
Occidental 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...
View ArticleCourt Costs. Trial Court’s Discretion. Video and transcript of deposition...
Occidental 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....
View ArticleCase Notes: Masterson vs. Siemens Industry, Inc., COA NPO 10/31/2014
Masterson 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...
View ArticleAttorney Sidebar: Opening Statement and Discussing Dollar Amounts With the...
It’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...
View ArticleCOA. LOSS OF CONSORTIUM NOT EXTENDED FOR DEATH OF DEPENDENT CHILD DISABLED...
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...
View Article
