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THE ST. LUKE HOSPITALS, INC. v. KOPOWSKI

No. 2004-SC-000413-MR.

160 S.W.3d 771 (2005)

THE ST. LUKE HOSPITALS, INC., Appellant, v. Hon. Leonard L. KOPOWSKI, Campbell Circuit Court Judge, Appellee, and Meranda Short, Steven M. Delph, and Naomi Short, Administratrix of the Estate of Dylan Michael Delph-Short and Women's Healthcare of No. Kentucky, P.S.C., Jeffrey D. Gochoel, M.D., Thomas Stine, M.D., and Northern Kentucky Pediatric Group, P.S.C., Real Parties in Interest, and Kentucky Hospital Association, Inc., Amicus Curiae.

Supreme Court of Kentucky.

April 21, 2005.

Attorney(s) appearing for the Case

Scott M. Powers, Lange, Quill & Powers, PLC, Newport, Counsel for Appellant.

Leonard Kopowski, Judge, Campbell Circuit Court, Newport, Counsel for Appellee.

Robert E. Sanders, Delana S. Pierce, Sanders Tismo & Associates PSC, Covington, Counsel for Real Parties in Interest, Meranda Short, Steven M. Delph, and Naomi Short.

Gerald R. Toner, O'Bryan, Brown & Toner, Louisville, Counsel for Real Parties in Interest, Women's Healthcare and Jeffrey D. Gochoel, M.D.

Mark G. Arnzen, Michelle M. Keller, Covington, Counsel for Real Parties in Interest, Northern Kentucky Pediatric Group, P.S.C., and Thomas Stine, M.D.

Cathleen C. Palmer, O'Bryan, Brown & Toner, Louisville, Counsel for Amicus Curiae, Kentucky Hospital Association.

Opinion of the Court by Chief Justice LAMBERT.

This is a matter of right appeal from an original action in the Court of Appeals. In that action, St. Luke Hospital sought and was denied a writ of prohibition from an order of the trial court mandating St. Luke to produce what it claims are documents covered by the attorney-client privilege. The trial court's order recognized that the writings are privileged, but ordered that recorded facts related to the underlying...

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