Kentucky Supreme Court aligns with KDC amicus brief position on supplementation of expert disclosures

In a decision issued on February 14, 2019, the Supreme Court of Kentucky held in Oliphant v. Ries, 2017-SC-208, that a litigant is not obligated to supplement a CR 26 expert witness disclosure with opinions previously provided by the litigant’s expert witness in a deposition. In reversing the Court of Appeals on that issue, the Supreme Court’s opinion aligned with the position urged on the Court by a KDC amicus curiae brief authored by KDC Amicus Committee Chair David Kramer and his colleague Michael Enzweiler of Dressman Benzinger LaVelle psc. Counsel for the successful appellants were Gerald Toner, Katherine, Vesely and Whitney Kramer of O’Bryan, Brown & Toner, PLLC.  The decision was designated for publication in the South Western Reporter.