Legal Opinion · Dissent

Southeastern Kentucky Baptist Hospital, Inc. v. Gaylor

Kentucky Supreme Court

Decided September 8, 1988No. 86-SC-724-DG, 86-SC-727-DG and 86-SC-951-DGPublished

1DissentWintersheimer, Justice

I respectfully dissent from the majority opinion because the Court of Appeals was correct in reversing and remanding the summary judgment. The cause of action by the mother individually for medical expenses and personal injury was not necessarily barred by the statute of limitations because there were genuine issues of material fact to be determined.

Following the prenatal death of her daughter, the mother was under sedation and then developed severe depression for which she was treated by a psychiatrist. She was unable to return to work for al*471most seven months. It is not clear when the mother…

2Cases cited18 opinions

  1. Paintsville Hospital Co. v. RoseKentucky Supreme Court · 1985
  2. Mitchell v. CouchCourt of Appeals of Kentucky (pre-1976) · 1955
  3. O'NEILL v. MorseMichigan Supreme Court · 1971
  4. Drake v. B.F. Goodrich Co.Court of Appeals for the Sixth Circuit · 1986
  5. Troxell v. TrammellKentucky Supreme Court · 1987

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