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Sneed v. Stovall12/15/1999
AFFIRMED AND REMANDED
CONCUR:
DAVID R. FARMER, JUDGE
HOLLY KIRBY LILLARD, JUDGE
This case is before the Court pursuant to T.R.A.P. 9. Plaintiff/Appellant, Brenda Sneed, appeals from the order of the trial court that denied her motion in limine concerning inquiry about disciplinary proceedings against plaintiff's medical expert witness.
Plaintiff filed a complaint on November 23, 1993, against Dr. Thomas G. Stovall, University Physicians Foundation, d/b/a UT Medical Group, Inc., and Dr. Guy R. Voeller, alleging that the defendants committed medical malpractice in their care and treatment of the plaintiff. On May 10, 1996, counsel for the defendants took the discovery deposition of plaintiff's medical expert, Dr. David Swan.
During the course of the deposition, defense counsel examined Dr. Swan about the status of his medical license, and whether he had been the subject of any disciplinary proceedings. Dr. Swan responded that he had not. Several months later, however, defense counsel learned that Dr. Swan had been the subject of investigations and hearings before the Kentucky State Board of Medical Licensure (KSBML). Plaintiff filed a Motion in Limine on October 15, 1997, to prohibit defendants from "making a disclosure of any disciplinary action taken by the Board of Medical Licensure for the State of Kentucky against Dr. David S. Swan, M.D., during the voir dire of the jury or at any time during the trial of the cause."
The facts leading up to the investigation by the KSBML are as follows: David Swan, M.D., is board-certified in obstetrics and gynecology. In June 1995, an "initiating grievance" was filed with the Kentucky Board of Medical Licensure alleging that Dr. Swan engaged in inappropriate sexual behavior with some of his patients. On September 26, 1995, Dr. Swan gave a statement to Doug Wilson, a KSBML investigator, regarding the complaints and grievances against him. Swan admitted that between early 1975 and late 1981, he engaged in inappropriate sexual behavior with some of his patients. On February 15, 1996, The KSBML held a hearing regarding the complaints and grievances against Dr. Swan. The Board's Inquiry Panel asked that Dr. Swan enter into an Agreed Order of Probation to avoid issuing an Administrative Complaint against Dr. Swan's Kentucky medical license. Dr. Swan entered into an Agreed Order of Probation on June 24, 1996, which, among other things, put Swan on probation for five years.
Upon consideration of the evidence, the trial court denied plaintiff's Motion in limine. The order denying the motion states: "The Court is of the further opinion because of Dr. Swan's untruthfulness, that at the trial of this cause counsel for the defendants shall be permitted to inquire into the alleged facts underlying Dr. Swan's disciplinary proceeding." Plaintiff's motion in the trial court for interlocutory appeal pursuant to T.R.A.P. 9 was granted, and this Court granted plaintiff's application for permission to appeal.
The issues presented for review as stated in plaintiff-appellant's brief are:
1. Whether the trial court erred in concluding that Dr. Swan had exhibited a "pattern of untruthfulness."
2. Whether the trial court erred in overruling Plaintiff's Motion in limine and ruling that the Defendants would be permitted to present proof to the jury of 17 to 24 year-old instances of inappropriate sexual conduct by Plaintiff's medical expert, Dr. David Swan.
As to plaintiff-appellant's first issue, the judge stated:
But the conduct discussed before me is the answer to a statement, an answer to a question. "Have you been the sub
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