Richard C. Oliphant, M.d. and Louisville Physicians for Women, Pllc v. Billy Jo Ries

Summary

The Kentucky Supreme Court reversed the Court of Appeals and held that the trial court did not clearly err in finding reliable, or abuse its discretion in admitting, an expert's theory regarding fetal blood equilibration under Daubert. The court alternatively held that any admission error was harmless because substantial independent evidence supported the defense verdict. Justice Venters, concurring in result only, would have found the theory inadequately established under Daubert but would not have found an abuse of discretion because the challenge was raised late.