Kivland v. Columbia Orthopaedic Group, LLP

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a “single plaintiff no longer can bring both a survival action and a wrongful death action”
• applying pre-amended Section 490.065 to review the Commission’s admission of expert witness testimony in workers’ compensation proceedings
• indicating that “[a] plaintiff can show that the defendant’s negligence was the proximate cause of the decedent’s suicide by presenting evidence that the decedent’s suicide was the ‘natural and probable consequence’ of the injury he suffered at the hands of the defendant”
• “An abuse of discretion occurs if the court erroneously finds that the requirements of the expert witness statute are not met.”
• “so long as there are differing, separate, [and] distinct transactions or occurrences that present a separately appealable judgment, a distinct judicial unit exists”
• “[T]he more recent trend [and better rule] is to place less emphasis on the mental state and more on the causal connection.”

Source: CourtListener parenthetical corpus (CC0).