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Copass v. Monroe County Medical Foundation9/21/2001
causes for which it ['the law'] lays responsibility." House v. Kellerman, Ky., 519 S.W.2d 380, 382 (1975). It would not be an intervening or superseding cause because it is not . . . a new cause of an "extraordinary or unforeseeable" nature "overriding and eliminating the legal significance of . . . antecedent causation." Id. at 383.
Appellants state that Dr. Natelson, a neurosurgeon, testified that the signs and symptoms of the epidural hematoma were present when Dr. Jensen saw Copass in the E.R. Dr. Natelson testified that had Copass been transferred out of the E.R. for treatment he would not be paralyzed today. We certainly cannot say that, as a matter of law, any negligence on Dr. Jensen's part was "too remote" in time to be a causative factor in Copass's paralysis. It was improper for the trial court to direct a verdict on the issue.
The judgment of Monroe Circuit Court is reversed, and this matter is remanded with direction to grant Appellants a new trial.
ALL CONCUR.
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