KENTUCKY eLEGAL SUMMARIES
Short (very short) summaries of cases and news

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• THIS ISSUE'S HIGHLIGHTS

• THIS, THAT AND THE OTHER STUFF

• Kentucky eLEGAL SUMMARIES 

  • Supreme Court - none

  • Court of Appeals - none

  • Kentucky Nonpublished Opinions 3 KnNpo 8

  • Trial Court Review - Jury Verdicts 6 KTCR 5

• LIST MAINTENANCE

• Return to LawWire Index

In this issue

• LBA golf outing on Sept. 30.
• LBF St. James preview on Oct. 3.
• Health insurance is child support.
• Shrink's trial testimony is privileged.
• Default judgment proper for failure to comply with discovery.
• Auto dealer's insurer stuck for insured's failure to promptly record sale.
• 80 year old loses trial on defense that he darted into traffic.
• Patient sees his doctor differently after sinus surgery, but goes to the bank to the tune of $280,000 plus.
• Ivory soap cleans up in defense verdict in Kroger slip and fall.

THIS, THAT AND THE OTHER STUFF

KENTUCKY SUPREME COURT
Aug. 17 - 23, 2002

KENTUCKY COURT OF APPEALS - PUBLISHED 
Aug. 17 - 23, 2002

KENTUCKY NONPUBLISHED OPINIONS
3 Ky.Npo. 8 - Apr. 19, 2002

• Domestic Relations, Child Support - p. 1
  Child support includes health insurance, and modifications to it are erroneous unless material change in circumstances.
• Slip & Fall, Open & Obvious Danger - p. 2
  EMT who claims "tripping" on a "potted" plant loses summary judgment since pot was an open and obvious danger.
• Professional Negligence, Testimonial Immunity - p. 5
  Psychologist's testimony that dentist's care caused harm was absolutely privileged from dentist's claim that reports were prepared negligently or recklessly.
• Life Insurance, Beneficiary Changes- p. 7
  Tales from the Crypt - Policy said beneficiary changes need only be made using form signed before death, not received by the home office.  It's in the mail works!
• Attorney's Lien, Intervention vs. Separate Suit- p. 8
  Intervention for attorney's lien after underlying suit settled and dismissed not timely.  Of course, attorneys could have spent the $135 and filed a separate law suit to recover their lien.
• Civil Procedure, Summary Judgment - p. 9
  Summary judgment affirmed in med-mal when plaintiff's failure to comply with discovery orders.  However, it really was a default judgment per the court under CR 37.02(2).
• Torts, Auto Dealers Liable - p. 12
  Car dealer who holds the title for 39 days after the sale did not 'promptly' record the title and is considered the 'owner' for insurance purposes such that the dealers commercial policy covers the car for automobile accident that occurred in the interim.  Putative purchaser was uninsured.

These extracts were printed with permission of the Kentucky Appellate Non-Published Opinions. If you are interested in the full text of all the opinions, sent to you bi-monthly, then call (502) 326--9794 or 1-(877)313-1944.  $130.00 per year (Ky residents pay 6% sales tax - $137.80).  Think of it as a 'mailbox CLE.'

KENTUCKY TRIAL COURT REVIEW - JURY VERDICTS
May 2002 (6 KTCR 5)

• Med-Mal
  Doctors, doctors, everywhere, but not a single verdict.
  Defense verdict in x-ray mix-up that results in tripling of tumor in the meantime - p. 1.
  Self-employed trucker dies of cancer in cervical lymph nodes.  X-rays ordered from Hardin Memorial Hospital did NOT make it to the Brown Cancer Center and Dr. Spanos.  Who was sued?  In Jefferson County - Spanos and the Brown Cancer Center who were treating plaintiff in Louisville; in Hardin County - Hardin Memorial, the radiologist, and the plaintiff's family doctor.  Suits were consolidated in Jefferson County.  Hardin Mem. Hosp. dismissed on sovereign immunity; plaintiff settled with radiologist and family doctor in Hardin County.  Only ones left were the Louisville folks.  The defenses were tripling in size did not affect treatment or mortality and not responsible if films were never received.  Plaintiff argued that if you order the film then you have a duty to follow up.  Jury gave a defense verdict, but added gratuitously that it believed fault lied elsewhere. Oh well.
• Med-Mal, p. 4.
  Patient looks at her doctor different following ENT surgery.
  Sinus surgery results in sliced optic nerve with double vision - $279,180 verdict
  LPN with sinus polyps warns the doctor to stay away from her eyes during surgery after doc warns her of the risk of eye injury.  As fate would have it, the doctor cuts the medial rectus muscle and the plaintiff has double vision and loss of peripheral vision.  Jury says ENT not reasonably competent.  Verdict - $279,180.  Plaintiff's attorneys - Eric Deters, Covington.
  Now for a KTCR aside - This same ENT (Dr. Hausladen) dodged a similar bullet in 1992 when he cut a vein which caused a vision loss.  Fortunately for him, summary judgment granted upon failure to present proof and cut vein did not rise to res ipsa loquitter.
• Underinsured Motorist - p. 6.
  Loan Officer now wants to be "aloan".
  C2 fracture and depression gets loan officer $544,794 verdict but only $150,00 in insurance.
  Loan officer sustains fractured C2, soft tissue, and depression with crying and sleep disorder.  Loan officer has feelings of 'aloan' and can no longer work.  Underlying policy of $50,000 tendered and accepted without Coots advancement.  Case proceeds against UIM carrier, State Auto, with verdict entered.  Only problem for plaintiff is the pockets weren't big enough to cover his damages - only $100,000 in UIM coverage.  Plaintiff's lawyer - Glenn Denton.
• Med-Mal - p. 7.
  Breast reduction surgery goes bust. $181,286 verdict.
  Surgery not only failed to reduce but caused disfigurement.  Fratzke challenge made on damages on the morning to trial was denied since the plaintiff's attorney had submitted unverified pre-trial compliance disclosure of damages.  Plaintiff awarded all medicals and lost wages, plus $150K in past pain and suffering, but no future pain and suffering.  Post trial motions pending on juror misconduct and the Fratzke challenge. Plaintiff's attorneys with Becker Law Office.
• Auto Negligence -p. 8.
  Pedestrian - "you got mail" is "got hit by car" but "gets zero".  Defense verdict.
  80 year old genealogist says he looked both ways and car flew and hit him on busy Highway 60 while he was going to get his mail.  Driver defended claiming the elderly plaintiff "darted" into the roadway from the curb.  Two eyewitnesses confirmed the 80 year-old was running across the street.  Defense verdict.  Defense Attorney was Ernest H. Jones.
• Slip and Fall - p. 9
  Jury is 99.96% in favor of defendant in  Ivory Soap slip and fall.
  Shopper falls on spilled Ivory Soap detergent but verdict in favor of Krogers who defended on lack of notice of the spilt suds and the danger was open and obvious.  Jury concluded not open and obvious danger, but defendant won on second instruction regarding notice of spill.  David Kellerman was the defense attorney.
• Largest Verdict of the Month of May
  • Jefferson
    • John Helmers, Jr. and Troy DeMuth of Louisville - $127,465 in an assault case.
  • Rest of the state
    • Glenn Denton of Paducah - $544,794 in underinsured motorist case involving a C-2 fracture, soft tissue complaints, depression. Unfortunately, not enough insurance to 
• Largest Verdicts for 2002
  • Jefferson
    • Patrick McElhone and Ron Hillerich, Louisville
      $171,500 in auto case with dislocated hip and herniated disk.
  • Rest of the state
    • Gary Johnson and Anita Johnson, Pikeville
      $842,672 in tractor-trailer accident with multiple injuries, to include bilateral rotator cuff and herniated disk. 

These extracts were printed with permission of the Kentucky Trial Court Review.   If you are interested in the summaries of all civil jury trials sent to you each month, then  call (502) 326--9794 or 1-(877)313-1944.  $150.00 per year (includes tax, shipping, and handling). 

For the complete "KTCR 2001 Year in Review" - not only do you get in a single copy all of the trial verdict summaries, but indexed by lawyer, region, county, and more, plus additional analysis of largest verdicts, most prolific lawyers, medical examiners, seat-belts, types of injuries, punitive damages, etc.  $185.00, includes tax, shipping and handling

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