The Kentucky Trial Court Review
Cases from the January 2004 issue
Medical Negligence - During a laparoscopic cholecystectomy, a surgeon clipped plaintiff=s bile duct; the injury was not detected until several weeks later
Collins v. Johnson, 02 CV 0198
Plaintiff: Roger N. Braden and Derek D. Humfleet, Sutton Hicks Lucas Grayson & Braden, Edgewood
Defense: David G. Gazak and Donald W. Darby, Darby & Gazak, Louisville
Verdict: $150,000 for plaintiff
USDC: Louisville, J. Heyburn,
12-4-03
Newspaper Carrier Negligence - A teenage girl suffered serious facial injuries when her boyfriend crashed into a rural newspaper carrier who was on the wrong side of the road; settling with the carrier and her boyfriend, the girl sought damages from the newspaper, criticizing its supervision and training of carriers
Mattingly v. Courier Journal,
98 CI 0017
Plaintiff: Kevin George, Prospect
Defense: Peter J. Sewell, Sewell & Associates, Louisville
Verdict: $293,510 for plaintiff less 70% comparative fault
Circuit: Marion, J. Bertram, 4-25-03