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TROVER v. ESTATE OF BURTON

Nos. 2011-SC-000565-DG, 2011-SC-000580-DG.

423 S.W.3d 165 (2014)

Dr. Philip C. TROVER, Appellant v. ESTATE OF Judith BURTON and Trover Clinic Foundation, Inc., Appellees and The Trover Clinic Foundation, Inc., d/b/a Regional Medical Center of Hopkins County, Appellant v. Estate of Judith Burton and Philip C. Trover, M.D., Appellees.

Supreme Court of Kentucky.

February 20, 2014.

Attorney(s) appearing for the Case

John Wm (Bill) Graves , Ronald Sheffer , Louisville, Allison Brooke Grant , Counsel for Appellant, Dr. Philip C. Trover.

Donald Kenneth Brown, Jr. , Louisville, Byron Lee Hobgood , Madisonville, Michael Brian Dailey , Louisville, Katherine K. Vesely , Counsel for Appellant, The Trover Clinic Foundation, Inc.

Roger Newman Braden , Edgewood, Thomas Lawrence Hicks , John C. Whitfield , Madisonville, Counsel for Appellee, Estate of Judith Burton.

Kevin Crosby Burke , Louisville, Paul A. Casi, II , Louisville, Jeffrey Wayne Adamson , Counsel for Amicus Curiae, Kentucky Justice Association.

Opinion of the Court by Justice ABRAMSON.

Judith Burton, a resident of Clay, Kentucky, brought suit against Dr. Philip Trover and the Trover Clinic Foundation (TCF) in the Hopkins Circuit Court alleging that Dr. Trover, a radiologist, misread computed tomography scans (CT scans or CTs) of her lungs and thereby delayed the diagnosis of her lung cancer. She further alleged that TCF, Dr. Trover's employer,1 was vicariously liable for Dr....

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