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TMS Files KY Supreme Court Amicus Brief on Behalf of KDC

Jan 8th, 2019

TMS Files Kentucky Supreme Court Amicus Brief on Behalf of KDC


            On January 2, 2019, TMS filed an amicus curiae (friend of the court) brief on behalf of Kentucky Defense Counsel, Inc., in the case of Maguire v. Crook, 2018–SC–000290.


            The case presents a unique issue: are all statutory claims involving emotional distress—even those seeking only emotional damages—free from Osborne v. Keeney’s expert-proof requirement simply by virtue of arising under statute?


            Crook sued Dr. Maguire, his physician, for alleged identity theft under KRS 514.160 (via KRS 411.210), seeking to recover only emotional-distress damages stemming from an interview with police. The trial court granted summary judgment because Crook failed to provide expert testimony as required in Osborne v. Keeney, 399 S.W.3d 1 (Ky. 2012).


            The Court of Appeals reversed the trial court’s decision, relying on the Kentucky Supreme Court’s decision in Ind. Ins. Co. v. Demetre, 527 S.W.3d 12 (Ky. 2017), in which the Supreme Court held that emotional-distress damages in insurance-bad-faith claims do not require expert proof.


            The amicus brief argues, in essence, that expert proof is required in this case because, like in Osborne, Crook alleged a standalone claim for emotional-distress damages. Demetre did not involve a standalone claim and should therefore be distinguished.


            The Kentucky Defense Counsel, Inc., is an organization of civil defense litigators licensed in Kentucky that was organized to assist in improving the administration of justice in Kentucky courts.


The amicus brief is available here: https://1drv.ms/b/s!Ar42ba375GFRtXqC380jJoiKpEpq


            Joey Wright drafted the amicus brief. TMS defends numerous clients in litigation, primarily in healthcare and products liability, and emotional-distress damages are often alleged.