Legal Opinion · Concurring in part, dissenting in part

John Adams M.D. v. Mark Sietsema

Kentucky Supreme Court

Decided November 2, 2017No. 2015-SC-000483-DGUnknown

1Concurring in part, dissenting in partWright, J.

While I otherwise concur with the majority, I respectfully dissent as to its holding concerning Dr. Adams. The riiajority insists that Appellee’s claim against Dr. Adams required an expert witness to survive a motion for summary judgment. I disagree. We have accepted two circumstances under which expert testimony is unnecessary.-in medical cases such as this, pursuant to,the doctrine of res ipsa loqui-tur. The first is “where the common knowledge or experience of laymen is extensive enough to recognize or to infer negligence from the facts.” Jarboe v. Harting, 397 S.W.2d 776, 778 (Ky. 1965).…

2Cases cited3 opinions

  1. Steelvest, Inc. v. Scansteel Service Center, Inc.Kentucky Supreme Court · 1991
  2. Blackburn v. City of PaducahCourt of Appeals of Kentucky · 1969
  3. Inquiry Commission v. LococoKentucky Supreme Court · 2000

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