Articles Posted in Estate Planning

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Dr. Ann M. Mottershaw and The Radiology Group, LLC, appealed a trial court's order granting a motion for a new trial filed by plaintiff Shannon Ledbetter, as administrator of the estate of Venoria Womack. These appeals primarily concerned whether the trial court exceeded its discretion in ordering a new trial based on the jury's exposure to certain evidence that the trial court had excluded by an order granting a motion in limine. After careful consideration of defendants' arguments and the trial court record, the Supreme Court affirmed the trial court's decision. View "Mottershaw v. Ledbetter" on Justia Law

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Bobbie Troup, in her capacity as the administrator of the estate of Easter Dawkins, filed suit alleging medical malpractice and wrongful death against Petitioners. During the trial proceedings, Troup filed a petition requesting that Petitioners be required to pay for the cost of five expert witnesses who had appeared to testify on her behalf on the scheduled trial date but did not testify because the circuit court had granted a motion for continuance made by Petitioners. The circuit court entered an order directing Petitioner to pay Troup for expert-witness costs associated with the continuance of the trial. Petitioners petitioned the Supreme Court for a writ of prohibition or, in the alternative, a writ of certiorari, against the circuit court, contending that the court exceeded its authority and abused its discretion in ordering them pay the expert-witness costs of Troup. The Supreme Court denied the petitions, as Petitioners had an adequate remedy in the form of an appeal.View "Moore v. Circuit Court" on Justia Law