Trover v. Estate of Burton
2014 Ky. LEXIS 2
| Ky. | 2014Background
- Judith Burton sued Dr. Trover and TCF for misreading CT scans, allegedly delaying Burton’s lung cancer diagnosis.
- Estate revived the complaint focusing on TCF after Burton’s death; trial against Trover and TCF ended with a jury verdict for Trover and dismissal of Estate claims.
- Court of Appeals reversed on admitting license-status cross-examination, finding error not harmless, and remanded.
- Supreme Court granted discretionary review to assess negligent credentialing and evidentiary ruling; Court reinstates trial court judgment and leaves credentialing question for another day.
- Board of Medical Licensure investigation and an Amended Agreed Order restricted Trover’s Kentucky license (not suspended) due to concerns about CT-scan readings and workload.
- Trial court excluded license-status evidence as collateral and potentially prejudicial; Court of Appeals would have allowed it; Court reverses that view and upholds exclusion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether license-status evidence is admissible under KRE 404(b) and 403 | Burton: evidence impeachment and habit relevance. | Trover/TCF: evidence is collateral and prejudicial; should be excluded. | Exclusion proper; no abuse of discretion. |
Key Cases Cited
- Kentucky Farm Bureau Mut. Ins. Co. v. Rodgers, 179 S.W.3d 815 (Ky. 2005) (rules governing 404(b) admissibility and balancing)
- Purcell v. Commonwealth, 149 S.W.3d 382 (Ky. 2004) (KRE 403 balancing in collateral evidence)
- Morrow v. Stivers, 836 S.W.2d 424 (Ky.App. 1992) (collateral-impeachment constraints for expert testimony)
- Reece v. Nationwide Mut. Ins. Co., 217 S.W.3d 226 (Ky. 2007) (license suspensions and impeachment by collateral acts timing)
- Kemper v. Gordon, 272 S.W.3d 146 (Ky. 2008) (impeachment and admissibility of expert testimony)
- Bell v. Commonwealth, 875 S.W.2d 882 (Ky. 1994) (Bell test for 404(b) admissibility framework)
- Kostel v. Schwartz, 756 N.W.2d 363 (S.D. 2008) (impeachment and related license evidence in expert testimony)
- Stivers v. Morrow, see Morrow v. Stivers (Ky.App. 1992) (contextual considerations for collateral evidence)