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Deposing Prisoner Witness

The Court of Appeals of Kentucky came out with an interesting opinion affirming a defense verdict in an auto accident case. The issue was whether the trial court erred in not allowing the plaintiff’s car accident lawyers to depose a witness who was in prison in Arizona. The request came after the discovery deadline and the court allowed a phone deposition. There was absolutely no chance an appeals court would disturb that type of discretionary ruling.

The court also addressed issues with (1) Kentucky’s sudden emergency jury instruction, (2) the identification of the uninsured motorist carrier at trial, (3) whether the property damage claims should be a separate line on the verdict sheet, and (4) whether future medical bills could be sought (for two future knee replacements). As complex as all of that sounds, the opinion is quite short.

You can find the opinion here.


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