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· 10/21/2004

Miller v. Eldridge

Citations

  • 146 S.W.3d 909
  • 2004 Ky. LEXIS 239
  • 2004 WL 2363765

How courts have described this case

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

  • explaining that “findings of fact, i.e. reliability or non-reliability” are reviewed for clear error and “discretionary decisions, i.e. whether the evidence will assist [the] trier of fact and the ultimate decision as to admissibility” are reviewed for abuse of discretion
  • suggesting review of findings of fact precede review of discretionary decisions
  • suggesting review of findings of fact precede review of discretionary decisions
  • “Appellate courts must be careful to avoid the sort of unfettered review of the record and of the trial court’s rulings that indicates a de novo review.”
  • in a medical malpractice case, biomedical engineer found qualified to refute plaintiffs theory that a portion of a blood clot, negligently treated, traveled against blood flow, causing the decedent’s death; biomedical engineer testified theory was “impossible”
  • \Clear error applies to a review of a trial court's findings of fact[.]\

Source: CourtListener parenthetical corpus (CC0).

Judges: Keller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.