Justia Kentucky Supreme Court Opinion Summaries

Appellant filed a medical negligence and wrongful death lawsuit against Hospital after Appellant's husband, who had been admitted to a psychiatric unit in Hospital where suicide precautions were taken, hung himself and died. The circuit court court ordered the disclosure of various documents that Hospital claimed were protected by the attorney-client privilege. The court of appeals found the documents were privileged and granted Hospital's requested writ of prohibition stopping the circuit court from order the disclosure of the documents. The Supreme Court reversed the court of appeals' order, holding that the writ was erroneously granted, as Hospital failed to show that the privilege applied. View "Collins v. Circuit Court" on Justia Law

At issue in this appeal was the question of an agent's authority to bind his or her principal to an arbitration agreement presented with other documents upon the principal's admission to a long-term care facility. Agent in this case was the daughter and executrix of the deceased Principal. Agent brought a claim for negligence against the long-term care facility where Principal spent the last years of her life. Invoking an arbitration agreement executed in conjunction with Principal's admission to the nursing home, Defendants moved the trial court to dismiss the complaint. The trial court denied the motion, holding that Agent, who executed the admissions agreement on behalf of Principal, had no authority to agree to arbitration. The court of appeals reversed, holding that the agreement was enforceable. The Supreme Court reversed, holding that the optional arbitration agreement Agent purported to execute on Principal's behalf was beyond the scope of Agent's authority and was therefore unenforceable. View "Ping v. Beverly Enters., Inc." on Justia Law

After Michael Beglin's wife, Jennifer, died during surgery at University Hospital, Michael sued the hospital. The jury found that the hospital, through its employees and agents, acted negligently in causing the death of Jennifer and awarded compensatory and punitive damages to Michael. The court of appeals affirmed. The Supreme Court (1) affirmed the judgment awarding compensatory damages and determined that the trial court properly gave a missing evidence instruction, but (2) vacated the punitive damages award, holding that the trial court erred in giving a punitive damages instruction under the circumstances of this case, and the court of appeals erred in affirming the judgment for punitive damages. Remanded for entry of a new judgment. View "Univ. Med. Ctr., Inc. v. Beglin" on Justia Law

After a surgery at University Hospital, Jennifer Beglin passed away. Appellee, Michael Beglin, brought suit against the Hospital. A jury found that the Hospital, through its employees and agents, acted negligently in causing the death of Jennifer. The trial court then entered judgment awarding compensatory and punitive damages. The Supreme Court affirmed in part and reversed in part, holding (1) the trial court properly gave a missing evidence instruction in connection with the unexplained disappearance with an occurrence report because (i) the trier of fact is entitled to such an instruction when it may be reasonably believed that material evidence within the exclusive control of a party was lost without explanation, and the trier of fact may find that the evidence was intentionally and in bad faith destroyed or concealed by the party possessing it, and (ii) the instruction did not unduly affect the general verdict or punitive damages award; but (2) the trial court erred by giving a punitive damages instruction under the circumstances in this case. Remanded. View "Univ. Med. Ctr. v. Beglin" on Justia Law

Shannon Straub was arrested by a police officer, who took her to a hospital emergency department for examination. After Straub became combative, hospital personnel physically restrained Straub, gowned her, applied restraints, drew blood, and extracted a urine sample. After suing unsuccessfully in federal court, Straub brought an action in the state trial court against Defendants, the emergency room doctor, the hospital, its employees, the police officer, and the city. In her complaint, Straub alleged that Defendants violated her rights under the Kentucky Constitution and asserted various common law tort claims. The trial court dismissed before trial Straub's claims that the hospital defendants deprived Straub of her due process interests under the Kentucky Constitution. After a trial, a jury returned a verdict for all Defendants. The court of appeals reversed. At issue on appeal was whether an individual can bring a civil action for money damages under Ky. Rev. Stat. 446.070 on the basis of an alleged violation of a provision of the Kentucky Constitution. The Supreme Court reversed and reinstated the trial court's judgment, holding that section 446.070 does not provide money damages for alleged violations of the state Constitution. View "St. Luke Hosp. v. Straub" on Justia Law

Appellant Sarah Dudley filed suit against real parties in interest Erdagon Atasoy, M.D., and Kleinert Kutz and Associates for alleged negligent diagnosis, care, and treatment related to Dudley's adverse reaction to an injection in her shoulder. In a discovery request, the real parties in interest sought appellant's medical records, including her psychiatric records. Appellant filed a motion for a protective order to prevent her psychiatric records from being subject to discovery. Judge Olu Stevens denied appellant's motion, finding that her physical and mental condition was at the heart of her claims. Appellant then filed for a writ of prohibition against Judge Stevens to prevent the discovery of her psychiatric records. The court of appeals denied appellant's petition. Appellant appealed, arguing that her records were subject to the psychotherapist-patient privilege under Ky. R. Evid. 507(b). The Supreme Court affirmed, holding that appellant waived her psychotherapist-patient privilege because she asserted her mental condition as part of her claim and that Judge Stevens did not err by denying appellant's motion for a protective order. View "Dudley v. Jefferson Circuit Court (Stevens)" on Justia Law