Williamson v. Schneider

205 S.W.3d 224, 2006 Ky. App. LEXIS 73, 2006 WL 572813
CourtCourt of Appeals of Kentucky
DecidedMarch 10, 2006
DocketNo. 2004-CA-001704-MR
StatusPublished

This text of 205 S.W.3d 224 (Williamson v. Schneider) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williamson v. Schneider, 205 S.W.3d 224, 2006 Ky. App. LEXIS 73, 2006 WL 572813 (Ky. Ct. App. 2006).

Opinions

OPINION

JOHNSON, Judge.

Earl Williamson has appealed from the trial verdict and judgment entered by the Rowan Circuit Court on August 10, 2004, dismissing his complaint against the appel-lees, Cynthia Schneider M.D. and Proud-foot & Associates, P.S.C. d/b/a Cave Run Clinic,1 after a jury found that Dr. Schneider was not negligent in treating Williamson. Having concluded that the trial court erred by not allowing Williamson to inform the jury that Cave Run Clinic was a party defendant in the case, we reverse and remand for a new trial.

On September 5, 2001, Williamson injured his right wrist while working for Whiting Manufacturing, a manufacturer of bedding comforters. Williamson was unloading a truck when he fell from a cart onto a forklift and landed on his right hand and wrist. Williamson was taken to the company’s first-aid room and his wrist was placed in a metal splint and an Ace bandage. On that same day, Williamson went to the emergency room at Morgan County ARH Hospital, where x-rays were taken of his wrist. On September 11, 2001, he saw his family physician, Dr. Charles Hardin, who reviewed the emergency room x-rays and opined that Williamson might have a wrist fracture as the result of his fall. Dr. Hardin referred Williamson to Dr. Schneider, a general orthopedic physician and Cave Run Clinic.

On September 18, 2001, Williamson saw Dr. Schneider, who reviewed the emergency room x-rays, diagnosed a fractured wrist, and scheduled Williamson to return on October 2, 2001, when she took additional x-rays and put Williamson’s wrist in a cast. On October 17, 2001, Williamson [226]*226returned to Dr. Schneider, still complaining with pain in his wrist. Dr. Schneider removed Williamson’s cast and took more x-rays. Williamson’s final visit to Dr. Schneider was on November 14, 2001, at which time he was still complaining of pain in his wrist. Dr. Schneider then ordered physical therapy and referred Williamson to Dr. Jeffrey Lawton, an orthopedic specialist at the University of Kentucky Medical Center.

On November 30, 2001, 12 weeks after his injury, Williamson went to see Dr. Lawton. Dr. Lawton reviewed the emergency room x-rays2 and diagnosed Williamson with a torn ligament in his wrist and determined that he was not able to perform a primary repair of the ligament, but rather recommended conservative therapy. Dr. Lawton saw Williamson again on May 31, 2002. Subsequently, Dr. Lawton left the practice at the UK Medical Center and Dr. Constantine Charoglu became Williamson’s treating physician.

Dr. Charoglu first saw Williamson on June 24, 2002, and determined that, due to the passage of time and significant worsening of the right wrist, he could only operate on it by doing a “salvage” procedure in which an entire row of bones of the wrist had to be removed, leaving Williamson permanently impaired. He further stated that surgery should have been performed two to three weeks after Williamson’s injury. After Williamson received a second opinion, Dr. Charoglu performed surgery on Williamson’s wrist in October 2002.

Williamson filed suit against Dr. Schneider and Cave Run Clinic on August 21, 2002, claiming that both were negligent in their care and treatment of him; and that as a result of failing to diagnose and to treat a torn ligament, he suffered severe and permanent injuries to his right wrist. Dr. Schneider and Cave Run Clinic, represented by the same counsel, filed an answer on September 4, 2002, denying the allegations.

On July 7, 2004, Dr. Schneider and Cave Run Clinic filed a motion in limine requesting the trial court to prohibit any identification or reference to Cave Run Clinic at trial because there was no allegation of its independent liability. The motion argued that while Cave Run Clinic had been named as a defendant, it could only be held vicariously liable for Dr. Schneider’s negligence under the doctrine of respondeat superior.3 Cave Run Clinic argued that its identity as a party defendant was irrelevant4 and could create undue prejudice.

On July 13, 2004, Williamson responded to the motion, claiming that if the trial court did not allow him to identify Cave Run Clinic as a party defendant, the jury would be misled because it would be given incomplete information and it would be allowed to speculate as to who would ultimately be liable to satisfy any judgment.

[227]*227Dr. Schneider and Cave Run Clinic replied that any judgment would be covered by a professional liability policy regardless of which defendant was found hable and, like a defendant’s financial status or wealth, Cave Run Clinic’s identity was not relevant.

On July 16, 2004, the trial court held a pretrial conference and heard arguments on this issue. The trial court informed the parties that it needed more time to study the issue and would make a ruling prior to trial. On July 22, 2004, the trial court entered an order regarding some of the parties’ pretrial motions but did not rule on this specific motion in limine. However, the order did indicate that voir dire could include whether jurors were patients of Cave Run Clinic and “whether they believe or feel that Cave Run Clinic will be adversely affected by a judgment against Dr. Schneider.”

A jury trial was held from July 26, 2004, through July 28, 2004. On the morning of July 26, 2004, prior to the start of the trial, a hearing was held in the trial court’s chambers and this issue was again brought before the trial court for clarification. Williamson argued that in order for the jury selection process to be meaningful, it was necessary for the jury to know that there were two defendants in the case and that a judgment against Dr. Schneider was also a judgment against Cave Run Clinic. However, the trial court determined that the jury would not be told that Cave Run Clinic was a defendant to the action. The trial court specifically stated that it did not want the jury to think that there were “two pools of money.”5

During voir dire, Williamson’s counsel was allowed to ask the potential jurors whether they were patients of Cave Run Clinic, and it was disclosed that Dr. Schneider was an employee of Cave Run Clinic. However, Williamson’s counsel chose not to question each individual juror as to his or her relationship with Cave Run Clinic.6 The jury found Dr. Schneider was not negligent, and the trial court on August 10, 2004, entered a trial verdict and judgment dismissing Wilhamson’s claims against Dr. Schneider and Cave Run Clinic. This appeal followed.

Williamson argues the trial court erred as a matter of law by prohibiting the jury from hearing that both Dr. Schneider and Cave Run Clinic were defendants. Williamson claims the ruling prohibited the parties from conducting a reasonable and comprehensive voir dire of the jury [228]*228panel and that there is no legal basis for the ruling. Having concluded that it was error for the trial court to preclude the jury from knowing that Cave Run Clinic was a party defendant to the action, we reverse the trial court’s judgment and remand for a new trial.7

The trial court’s grant of the appellees’ motion in limine to withhold the identity of Cave Run Clinic as a defendant in the case was not based on any legal precedent in this Commonwealth or any other jurisdiction.

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Bluebook (online)
205 S.W.3d 224, 2006 Ky. App. LEXIS 73, 2006 WL 572813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-schneider-kyctapp-2006.