Insurance Law

Court of Appeals Minutes for March 21st

Posted on March 24, 2008
The Court of Appeals has published its minutes for March 21st, here.  Please check back for digests of published cases.

Trial Videos Offered Online

Posted on March 20, 2008
Finis Price at Technoesq.com just posted on his blog’s collaboration with the Kentucky Law Review to offer trial videos online. Finis describes it as follows: TechnoEsq, in collaboration with Kentucky Law Review, is seeking to make available the trial videos of numerous newsworthy and interesting trials from across Kentucky...

Welcome

Posted on March 19, 2008
Welcome to the new home of the Kentucky Tort and Insurance Law Journal.  I am still working out some content issues, but have resolved the domain problem.    You should be directed to the new domain (kytortjournal.com) without anything further on your part...

Kentucky Law Review Digests Recent $3.25 Million Verdict

Posted on March 18, 2008
The Kentucky Law Review has a more thorough report of the recent millions dollar verdict in Jefferson Circuit Court. Go here, for a very nice factual summary of the case and the resulting jury verdict.

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Kentucky Law Review Digests Recent $3.25 Million Verdict

Posted on March 18, 2008
The Kentucky Law Review has a more thorough report of the recent millions dollar verdict in Jefferson Circuit Court. Go here, for a very nice factual summary of the case and the resulting jury verdict.

Courier Journal Reports on $3.2 Million Verdict

Posted on March 17, 2008
Three days after I reported on the $3.2 million verdict, the Courier Journal now has an article describing the basic facts of the case. Unfortunately, there is no mention of the attorneys involved in the case or any quotes from those involved. Hopefully, the Courier will update its story as further facts become available...

Court of Appeals Links

Posted on March 17, 2008
Thanks to Mike Stevens of the Kentucky Law Review for posting on the bad links in last week's court of appeals minutes. Apparently, the links have additional text after the .pdf extension that must be deleted so you can read the case. It appears that the court has since fixed this problem...

Courier Journal Reports on $3.2 Million Verdict

Posted on March 17, 2008
Three days after I reported on the $3.2 million verdict, the Courier Journal now has an article describing the basic facts of the case. Unfortunately, there is no mention of the attorneys involved in the case or any quotes from those involved. Hopefully, the Courier will update its story as further facts become [...

Court of Appeals Links

Posted on March 17, 2008
Thanks to Mike Stevens of the Kentucky Law Review for posting on the bad links in last week’s court of appeals minutes. Apparently, the links have additional text after the .pdf extension that must be deleted so you can read the case. It appears that the court has since fixed this problem...

Louisville Attorneys Get $3.2 Million Verdict!

Posted on March 14, 2008
The Kentucky Tort Journal has learned that Louisville Attorneys Philip Grossman and Jennifer Moore have secured a $3.2 million verdict for their client in Jefferson County Circuit Court. Grossman & Moore, PLLC represented a client injured in a car fire, suing for personal injury...

Court of Appeals Minutes for March 14th

Posted on March 14, 2008
The Court of Appeals has published its minutes for March 14th, here. It does not appear that there are any tort or insurance law decisions published. I did have issues with some of the links, so hopefully that will be addressed soon.

Louisville Attorneys Get $3.2 Million Verdict!

Posted on March 14, 2008
The Kentucky Tort Journal has learned that Louisville Attorneys Philip Grossman and Jennifer Moore have secured a $3.2 million verdict for their client in Jefferson County Circuit Court. Grossman & Moore, PLLC represented a client injured in a car fire, suing for personal injury...

Court of Appeals Minutes for March 14th

Posted on March 14, 2008
The Court of Appeals has published its minutes for March 14th, here. It does not appear that there are any tort or insurance law decisions published. I did have issues with some of the links, so hopefully that will be addressed soon.

Study Finds Car Crashes Toll $1,051.00 Per Person

Posted on March 13, 2008
MSN Money reported on a study done on behalf of AAA regarding the true costs of accidents.The study, released today, found that traffic crashes are much more damaging to society than the bumper-to-bumper congestion that riles commuters in many metropolitan areas...

Study Finds Car Crashes Toll $1,051.00 Per Person

Posted on March 13, 2008
MSN Money reported on a study done on behalf of AAA regarding the true costs of accidents. The study, released today, found that traffic crashes are much more damaging to society than the bumper-to-bumper congestion that riles commuters in many metropolitan areas...

Circuit Judge Gibson Suspends District Judge's Policy on Objections

Posted on March 11, 2008
You might remember my earlier post titled; Judge Tells Attorneys to Zip It, where I discussed the "standing objection" rule put in place by District Judge Delahanty. Here is an article by the Courier Journal on Circuit Judge Susan Gibson's order telling Delahanty to temporarily stop enforcement of his rule...

Circuit Judge Gibson Suspends District Judge?s Policy on Objections

Posted on March 11, 2008
You might remember my earlier post titled; Judge Tells Attorneys to Zip It, where I discussed the “standing objection” rule put in place by District Judge Delahanty. Here is an article by the Courier Journal on Circuit Judge Susan Gibson’s order telling Delahanty to temporarily stop enforcement of his rule...

Mistrial is Improper Vehicle for Correcting Jury Verdict

Posted on March 10, 2008
The Court of Appeals published Williams v. Primary Care Associates, a medical malpractice case resulting in two jury trials, the last which was declared a nullity on appeal. Williams brought the claim as the Administrator of the Estate of Leslie Dunagan, who died after the defendants nurse practitioner failed to diagnose an abdominal stress ulcer...

Court of Appeals Minutes for March 7th.

Posted on March 07, 2008
The Court of Appeals has published its minutes for March 7th, here. Check back for the digest of an interesting medical malpractice case, involving multiple jury trials and an issue regarding the use of mistrials in Kentucky jurisprudence.

Pending Bill Would Extend Statute of Limitation on Third Party Defendants

Posted on March 04, 2008
Mike Stevens of the Kentucky Law Review posted on pending House Bill 643, which will expand the ability of certain plaintiffs to sue. You will recall that a similar bill was previously pending but did not pass. Mike discusses the need for the bill and the misuse or use of the current rules by both parties...

Speaking on Ethics of a Legal Blog

Posted on March 03, 2008
I am pleased to be speaking at the Kentucky Justice Association's CLE presentation of Cyber Practice, Using Technology in Today's Law Office, in Louisville, Kentucky, on March 14, 2008. My presentation with be on the Ethics of a Legal Blog, and will discuss the ethical rules, which are implicated when an an attorney publishes a legal blog or interacts through blog communications...

Court of Appeals Minutes for February 29th Are Posted

Posted on March 03, 2008
The Court of Appeals posted its minutes for February 29th, here. There are no published cases dealing with tort or insurance law.

Powerful and Persuasive Article Regarding Professor Lawson Interview

Posted on February 29, 2008
The Kentucky Law Review reported on a Courier Journal interview with Professor Robert G. Lawson, initially posted on by the Elusive Justice Blog, titled an Example of Resistance to Change. You can read the KLR's post here, with links to the full article and other interesting posts...

Court of Appeals Vacates $174,000 Judgment in Medical Malpractice Case

Posted on February 27, 2008
The Court of Appeals recently published Ohio County Hospital Corporation v. Martin, a case resulting from alleged malpractice in the treatment of Billie Shreve. "Shreve died after being treated at the hospital following an automobile accident, and this case arose as a result of a claim of medical negligence brought by the administratrix of her estate and by her surviving husband against the hospital and her treating physician", Dr...

Supreme Court Establishes Elements for Holding Employer Liable for Injury to Employee's Guest.

Posted on February 25, 2008
The Supreme Court published Mid-States Plastics, Inc. v. Estate of Bryant, which dealt with the vicarious liability of an employer for tortious injury by an employee to the employee's guest on a business trip. The SC identified the issue on appeal, succinctly, stating:The question in this appeal is whether an employer is liable for an employee's tortious injuries to a guest who accompanied the employee on a business trip...

Court of Appeals Minutes for February 22nd.

Posted on February 24, 2008
The Court of Appeals has posted its minutes for February 22nd, here. Check back for my digest on an interesting published case overturning a medical malpractice verdict.

Supreme Court Minutes for February 21st.

Posted on February 24, 2008
The Supreme Court has posted its minutes for February, here. Check back for digests of important cases in the area of tort and insurance law.

$250,000 Settlement Reached in Wrongful Death Lawsuit

Posted on February 20, 2008
lawyersandsettlements.com reported on the recent settlement by Angela Bouggess, Michael Newby's mother, of her wrongful death lawsuit against the Louisville Metro Government. Bouggess claimed Officer McKenzie Mattingly used excessive force when he shot Newby in the back following a reported drug bust gone bad...

Committee to Review Rules for Class Action and Mass Tort Cases

Posted on February 20, 2008
The Kentucky Law Review posted here on a Herald Leader story, about a Supreme Court committee looking into the rules that currently govern class action and mass tort litigation cases. According to Mike's post the Herald Leader described the purpose of the committee as follows:Kentucky's mass tort and class-action litigation committee has been looking at an assortment of issues including better case management and strengthening ethics rules for lawyers...

Court of Appeals Cases for February 15th.

Posted on February 15, 2008
The Court of Appeals has published its minutes for February 15th, here. There were no published cases dealing with tort and insurance law. Check back for next week's published cases from the Court of Appeals and Supreme Court.

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