Court: Kentucky Supreme Court
Opinion Date: June 17, 2021
Judge: Michelle M. Keller
Areas of Law: Medical Malpractice, Personal Injury
The Supreme Court affirmed the judgment of the court of appeals denying Plaintiff’s petition for a writ of mandamus to direct Judge Stockton Wood of the Fleming Circuit Court to issue various orders in her favor, holding that a writ of mandamus was inappropriate.
Plaintiff filed a third amended complaint against radiologists and health care providers alleging medical negligence, spoliation, abuse of process, obstruction of justice, and other claims. During a two-month period, the trial court entered fourteen separate orders. Plaintiff sought a writ of mandamus directing the court to issue orders in her favor. The court of appeals denied the petition for a writ of mandamus. The Supreme Court affirmed, holding that an adequate remedy by appeal existed for each of the errors Plaintiff alleged.
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