DEEMER v. FINGER

No. 89-SC-768-DG.

817 S.W.2d 435 (1990)

Paul C. DEEMER, Guardian for Martha Deemer; and Paul C. Deemer, Individually, Appellants, v. Dr. Frederick FINGER, III and Frederick Finger, III, M.D., P.S.C., Appellees.

Supreme Court of Kentucky.

On Grant of Rehearing August 29, 1991.

Second Petition for Rehearing Denied November 21, 1991.


Attorney(s) appearing for the Case

Larry B. Franklin and Michael R. Hance, Louisville, for appellants.

David F. Broderick and Elizabeth Y. Downing, Bowling Green, for appellees.


COMBS, Justice.

The present review concerns a medical malpractice action which resulted in a jury verdict for the defendant.

The circuit court in which the case was tried had activated the videotape system to officially record the proceedings. See CR 98. Reviewing the videotapes some months after the trial, while in the course of prosecuting an appeal on various issues, the plaintiff's counsel came upon a recorded conversation between the trial judge...

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