HYMAN & ARMSTRONG, P.S.C., et al., Appellants,
v.
Ronald GUNDERSON (Administrator of the Estate of Mary Margaret Gunderson), et al., Appellees. and
Sandoz Pharmaceuticals Corporation (n/k/a Novartis Pharmaceuticals Corporation), Appellants,
v.
Ronald Gunderson (Administrator of the Estate of Mary Margaret Gunderson), et al., Appellees.
Supreme Court of Kentucky.https://leagle.com/images/logo.png
April 24, 2008.
As Modified on Grant of Rehearing November 26, 2008.
Rehearing Denied April 23, 2009.
Rehearing Denied April 23, 2009.
Attorney(s) appearing for the Case
Raymond Smith, Edward H. Stopher, Rodney Dale Payne, Boehl, Stopher & Graves, LLP, Louisville, KY, Counsel for Hyman & Armstrong, P.S.C, and Karen Armstrong, Executrix of the Estate of Lyman Armstrong, M.D.
Larry B. Franklin, Jennifer Mills Barbour, Franklin, Gray & White, Michael R. Hance, Franklin and Hance, Louisville, KY, Counsel for Ronald Gunderson Administrator of the Estate of Mary Margaret Gunderson: Nicholas Gunderson, a minor; Wesley Gunderson, a minor; John J. Ford, conservator of Wesley Gunderson, a minor.
Virginia Hamilton Snell, Deborah H. Patterson, Wyatt, Tarrant & Combs, Louisville, KY, Katharine R. Latimer, Bruce J. Berger, Joe G. Hollingsworth, Spriggs & Hollingsworth, Washington, DC, Counsel for Sandoz Pharmaceuticals Corporation n/k/a Novartis Pharmaceuticals Corporation.
Charles J. Cronan, IV, Jennifer L. Elliot, Kimberly Kay Ballard, Stites & Harbison Louisville, KY, Counsel for Kentucky Medical Association, Amicus Curiae.
Christopher M. Mussler, Frost Brown Todd Louisville, KY, Jonathan D. Hacker, Nicole A. Saharsky, O'Melveny & Myers, Robins S. Conrad, National Chamber Litigation Center, Inc., Washington, D.C., Counsel for Chamber of Commerce of the United States, Amicus Curiae.
William Kennedy Simpson, Thompson, Miller & Simpson, Louisville, KY, Counsel for Product Liability Advisory Council, Inc., Amicus Curiae.
Supreme Court of Kentucky.
Opinion of the Court by Justice SCHRODER.
While we find it was error in the trial of this products liability/medical malpractice case to allow evidence of the cross-claim to be admitted, we adjudge it to be harmless error. We find no in the Appellant's other allegations. Hence, we affirm the decision of the Court of Appeals.
FACTS
On September 28, 1993, Mary Gunderson, age thirty-two, gave birth by cesarean section to her second child, Wesley...
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