Maney v. Mary Chiles Hospital

I concur in our holding only because it is far superior to the hypertechnical approach of the Court of Appeals. The Court of Appeals’ “EN BANC” Opinion rewarded the appellee with victory on a procedural point that was unpreserved by contemporaneous objection, an error that could have been easily corrected by notice to the Attorney General at the trial court level had it been raised. See Miles v. Shauntee, Ky., 664 S.W.2d 512 (1984).

*483The problem in this case is no one at the trial level notified the Attorney General that an issue involving the constitutionality of a state statute surfaced…