Ambreen Fraser, M.d. v. Matthew Miller

Summary

The Kentucky Supreme Court reversed the Court of Appeals and reinstated the circuit court's judgment for Dr. Fraser. It held that the trial court acted within its discretion by refusing to allow Miller to recall his expert to answer a juror's untimely question because the proposed testimony was not rebuttal and could have been presented during Miller's case-in-chief. The court declined to reach the merits of the informed-consent issue because Miller failed to preserve it. Justice Keller, joined by Justice Noble, concurred in the result but would have found the informed-consent issue preserved and affirmed on the ground that expert testimony was required.