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: Kentucky Law Blog

LOUISVILLE: Zoo Train Wreck injures 22

By Michael Stevens

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This story is a sad one regarding the injuries caused by the train wreck at the Louisville Zoo.  Although, the Zoo is claiming it was inspected, that does not explain that trains like that should not wreck the way it did.  Res ipsa loquitor is still an evidentiary law in Kentucky so that the "act speaks for itself".

Bleachers are not supposed to collapse; and same should go for trains.   However, the Kentucky Supreme Court refused to hold a surgeon liable solely under this theory after the surgeon left scalp hooks in the patient following brain surgery. 

[With] respect to a medical malpractice claim alleging that a surgical item was left in a patient's body, a res ipsa loquitur standard is applicable, under which juries may, but are not required to, infer negligence from the fact that a surgical item was left in a patient's body, overruling Laws v. Harter, 534 S.W.2d 449. 



GREGORY B. NAZAR, M.D., ET AL V.  SHEILA BRANHAM, EXECUTRIX  OF THE ESTATE OF ROE  BRANHAM, 2004-SC-001015-DG 2005-SC-000834-DG  JEFFERSON COUNTY, TO BE PUBLISHED.  Click here for full text.



Here are two stories from the Courier Journal:

  • Louisville Zoo says train inspected

    Louisville Zoo officials said yesterday that the train that derailed Monday and injured 22 people, including a toddler who was still in serious condition, had been through a required 35-point inspection that morning and no problems were detected. Train derailment at Louisville Zoo.  Link to Video: Louisville Zoo's train derails.
  • Zoo train derails, 20 sent to hospital

    One child was in critical condition and another was in serious condition at Kosair Children's Hospital.

Full post as published by Kentucky Law Blog on June 03, 2009 (boomark / email).

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