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 discovery deposition. In reversing the Court of Appeals on that issue, the Supreme Court’s opinion aligned with the position urged on the Court by an amicus curiae brief submitted on behalf of Kentucky Defense Counsel and co-authored by KDC Amicus Committee Chair David Kramer and 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.
*DBL Law is a full-service law firm providing premier legal services and business advice in a collaborative manner with integrity, professionalism and respect as a strategic partner with our clients. The firm has offices in Cincinnati, OH and in Crestview Hills and Louisville, KY.
