McAbee v. Chapman

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Justia Opinion Summary

Plaintiff brought suit against Defendant, a general surgeon, alleging that Defendant negligently performed a surgical procedure known as an anastomosis. The jury returned a verdict in favor of Defendant. Plaintiff appealed, arguing that the fairness of her trial was compromised when the trial court mistakenly denied her request to subject the parties’ expert witnesses to the ordinary separation of witnesses rule - Ky. R. Evid. 615. The Supreme Court affirmed, holding (1) the trial court abused its discretion by exempting the defense’s expert witnesses from sequestration without an adequate showing of need; but (2) the trial court’s error was harmless.