By

David Kramer

COAKY Holds Medical Evidence of Severe Emotional Injury Is Needed to Support IIED/Outrage Claim, Not Just NIED Claim

In Forcht v. Forcht Bank, N.A., , 2013-CA-1433 (6/23/17), the Kentucky Court of Appeals in a decision by Judge Nickell (joined by Chief Judge Kramer and Judge Dixon) held that a...

SCOKY Issues Important Guidance on Motions for New Trials, Admonitions to Juries, and Misconduct by a Party or Counsel

In Jefferson v. Eggemeyer (2015-SC-625, rendered April 27, 2017), the Kentucky Supreme Court’s Justice Keller considered the circumstances under which it is appropriate for an appellate court to order a...

SCOKY Decision Discusses Applicability of Witness Rule to Experts

In McAbee v. Chapman, 504 S.W.3d 18 (Ky. 2016), the Kentucky  Supreme Court in an opinion by Justice Lisabeth Hughes considered at length the applicability of KRE 615 to expert...

Divided COAKY Panel Reduces Punitive Damage Award in Economic Damages Case to 1:1 Ratio to Compensatory Damages

In a recent 2-1 decision, the Kentucky Court of Appeals reduced a massive punitive damages award (four times the substantial compensatory damages awarded) in a purely economic damages case to...

COAKY Reverses Summary Judgment in Favor of Landlord Based on Open and Obvious Hazard Doctrine

Rental property owners and lawyers who advise them should be aware of a recent decision of the Kentucky Court of Appeals sending a tenant’s claim back for jury trial after...

Recent SCOKY Decision Discusses Applicability of Negligence Per Se Statute to Violation of Administrative Regulation

In McCarty v. Covol Fuels No. 2, LLC, 476 S.W. 3d 224 (Ky. 2015), the Kentucky Supreme Court discussed at length the applicability of Kentucky’s negligence per se statute to...

COAKY Approves of Equitable Award of Attorney’s Fees in Punitive Damages Case; Lists Criteria for Trial Court to Consider

The Kentucky Court of Appeals held in a December 2015 decision that a trial court may make an equitable award of attorney’s fees in a case in which the jury...

SCOKY Clarifies Appropriate Jury Instruction for Informed Consent Claim

In an opinion (see it here) rendered on August 20, 2015, the Kentucky Supreme Court reversed a jury verdict in favor of a surgeon on a claim for failure to...

COAKY Holds Trial Court Jumped the Gun in Granting DV After Plaintiff’s Opening Statement

In an opinion (https://opinions.kycourts.net/coa/2014-CA-001050.pdf) issued in late July, the Kentucky Court of Appeals reversed a trial court’s grant of the defendant’s motion for directed verdict (MDV) that was made immediately...

COAKY Affirms Summary Judgment for Property Owner Under “Open and Obvious Hazard” Doctrine; SCOKY Denies Review

In a closely watched premises liability case, the Kentucky Supreme Court recently denied review of and approved for publication an opinion of the Kentucky Court of Appeals upholding a trial...
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