Grubb v. Norton Hospitals, Inc., 401 S.W.3d 483

Background

Krystal Meredith, twenty years old and thirty-seven weeks pregnant, developed severe abdominal pain and was treated at Norton Hospital by Dr. Haile, covering for Dr. Velasco.
Krystal’s abdominal pain led to three emergency room visits between Jan. 5–7, after which she was admitted on Jan. 7; blood work showed infection on Jan. 7 and Velasco resumed care the next morning.
Labor was induced and Krystal delivered a healthy daughter; post-delivery she grew weak, and exploratory surgery on Jan. 8 revealed a ruptured appendix and abscess, followed by acute respiratory distress syndrome.
Krystal died on Feb. 1, 2007; the Grubbs sued Velasco, Haile, and Norton Hospitals for wrongful death and parental consortium.
A Jefferson County jury ruled for the defendants; the Court of Appeals affirmed; the Kentucky Supreme Court reversed, finding reversible error in juror-for-cause rulings and applying Shane/Gabbard remedies.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Pacanowski could be struck for cause.	Pacanowski’s son works for Norton; bias shown, so cause strike required.	Limited disclosure insufficient to show bias; no clear impairment of impartiality.	Trial court erred; Pacanowski should have been struck for cause.
Whether Guelda could be retained despite relationship with Dr. Griffin.	Special relationship with Dr. Griffin shows potential bias against verdict impartiality.	No automatic presumption of bias from former physician-patient ties; bias not demonstrated here.	Trial court erred in not striking Guelda for cause.
Whether Deshazer could be kept on the panel given defense-lawyer tie and standard-of-care familiarity.	Attorney connections and familiarity with standard of care imply bias risk.	No proven bias; relationship insufficient to presume partiality.	Trial court did not abuse discretion; Deshazer could remain.
What remedy applies when jurors should have been struck for cause but were not.	Shane and Gabbard require reversal if designated alternate sat and harmed party’s strike rights.	Rectify with partial cures or non-reversible remedy where applicable.	Judgment reversed; remand for proceedings consistent with Shane, Gabbard, and this opinion.

Key Cases Cited

Gould v. Charlton Co. Inc., 929 S.W.2d 734 (Ky.1996) (trial court abuse standard for strike for cause)
Wood v. Commonwealth, 178 S.W.3d 500 (Ky.2005) (fair and impartial verdict standard)
Rankin v. Commonwealth, 327 S.W.3d 492 (Ky.2010) (abuse of discretion review in voir dire)
Davenport v. Ephriam McDowell Memorial Hosp., Inc., 769 S.W.2d 56 (Ky.App.1988) (former employee bias showing error to strike)
Altman v. Allen, 850 S.W.2d 44 (Ky.1992) (no presumption of bias from patient-doctor relation)
Bowman ex rel. Bowman v. Perkins, 135 S.W.3d 399 (Ky.2004) (peremptory strikes exhaustion and prejudice standard)
Morgan v. Commonwealth, 189 S.W.3d 99 (Ky.2006) (Morgan period exception to Shane/Gabbard rule)
Shane v. Commonwealth, 243 S.W.3d 336 (Ky.2007) (peremptory strike rights are substantial; harmless error not applicable)
Gabbard v. Commonwealth, 297 S.W.3d 844 (Ky.2009) (require designation of alternate removed to prove prejudice)
Olympic Realty Co. v. Kamer, 141 S.W.2d 293 (Ky.1940) (peremptory strike importance in civil cases)
Bowling Green Municipal Utilities v. Atmos Energy Corp., 989 S.W.2d 577 (Ky.1999) (peremptory strike as substantial right)
Kentucky Farm Bureau Mutual Ins. Co. v. Cook, 590 S.W.2d 875 (Ky.1979) (allocation of peremptory strikes as substantial right)
Riddle v. Commonwealth, 864 S.W.2d 308 (Ky.App.1993) (bias presumptions based on attorney relationship with juror)
Fugate v. Commonwealth, 993 S.W.2d 931 (Ky.1999) (preservation and bias assessment standards)
Carrithers v. Jean’s Ex’r, 61 S.W.2d 323 (Ky.1933) (exhaustion of strikes and reversible error context)
Altman v. Allen, 850 S.W.2d 44 (Ky.1992) (no presumption of bias exists in medical malpractice action)