Rogers v. Kasdan

STEPHENS, Justice.

There are two issues before the court which will be discussed in the following order: (1) Whether there was substantial evidence to support the jury verdict in the trial court, and (2) whether the jury instructions with respect to the liability of respondent Humana of Kentucky, Inc., d/b/a Suburban Hospital (hereinafter Humana), were proper.

I. WAS THERE SUBSTANTIAL EVIDENCE TO SUPPORT THE JURY VERDICT?

Oza Mae Rogers died of brain damage seven days after she sustained injuries in an automobile accident. Bobby Rogers, administrator of the estate, sued both Suburban Hospital…