FRANKFORT - Expert witnesses, commonplace in litigation from product liability cases to workers' compensation, can be questioned about their fees in cases, a unanimous Kentucky Supreme Court ruled Thursday.

        The unusual ruling by the seven justices sets some new ground rules for what Chief Justice Joseph Lambert said were cases that have “become reduced to a "battle of experts.' ”

        The fees paid to experts, some of whom make more money by testifying than at their chosen fields, is relevant information to a jury, Justice Lambert said.

        “Expert witnesses are often compensated handsomely and it is widely believed that they may be expected to express opinions that favor the party who engaged them and who pays their fees,” Justice Lambert said in the opinion.

        In the underlying case, the estate of Christopher Tuttle sued two doctors who diagnosed him with gastritis in 1997 after he sought attention for complaints of chest pain. Mr. Tuttle, who was 23, died at a third visit with doctors about his complaints.

        During the trial, it was revealed that one of the expert witnesses for the doctors testified 85 percent to 90 percent of the time for the defense in medical negligence cases and averaged 25 cases per year. The standard fee for the witness was $2,000 per day for trials, $500 for the first hour of a deposition and $300 each subsequent hour. Fees for another expert were $5,000 per day for trials.

        Mr. Tuttle's estate was not allowed to pursue questions about the fees paid to the experts during trial, which ended with an 11-1 vote by the jury for the doctors.

Kentucky Fen-Phen class-action stalled

        FRANKFORT - A proposed Kentucky class-action suit against the maker of the diet pill combination known as “Fen-Phen” cannot proceed because there has been no claim of an actual injury, the Supreme Court ruled Thursday.

        Erma Rae Wood, who sued in Jefferson County Circuit Court for herself and others who took the drugs, claimed she was exposed to hazardous substances by the marketing of the drug by American Home Products and A.H. Robins Co.

        The drugs, which were also known as Pondimin and Redux or fenfluramine, were withdrawn in 1997.

        In November 1999, American Home Products settled a national class action suit for allegations of physical injuries caused by taking the drugs and it provided medical screening to detect future health problems.

        Ms. Wood and others declined to take part in the settlement because it excluded claims for primary pulmonary hypertension. In the Kentucky suit, the plaintiffs also asked for a medical monitoring program to detect possible health problems among people who took the drugs, a fund to pay for the monitoring, reimbursement of the cost of the drugs and punitive damages.

        Justice William Graves, who wrote the unanimous opinion, said Ms. Wood offered no proof she suffered any injury from taking the drugs.

Sunday parkers riled at police, tickets

        STANFORD - City police aren't taking a Sunday morning break from writing tickets, and that has some churchgoers riled.

        About six tickets were issued Sunday against people while they were in church. Their transgressions: they had parked in the wrong direction.

        Gary Johnson said he was given a ticket, as was his daughter.

        “It's not like we live in New York City,” he said. “Nothing is open downtown on Sunday except for churches. I've been parking in the same spot for 31 years, and I have a father-in-law who is over 90 years old I bring to church.”

        Eddie Carter, a city council member who is running for mayor, objected to church members receiving the tickets.

        “People shouldn't have to go to church and worry about getting a ticket,” he said. “That's going too far.”

        Police Chief Keith Middleton said each car ticketed was parked in the wrong direction and that warnings had been given before.

        “A law being violated on Sunday is no different than a law being violated on Monday,” he said.

Louisville air traffic gets prediction system

        LOUISVILLE - Air traffic controllers at Louisville International Airport have a new collision-predicting system to help them ensure safe takeoffs and landings.

        The system, which enhances the existing radar, allows controllers to predict the paths of aircraft that are landing or departing and the movements of planes and vehicles on runways.

        “What this does is provide that extra set of eyes,” said Dave Senechal, air traffic manager at the airport.

        Controllers had relied only on radar blips and visual contact to guide takeoffs and landings, Mr. Senechal said.

        The new equipment provides visual and audible alarms when a plane is within one mile of the airport and the potential for a runway collision is foreseen, he said. The alarms are set off when a plane is making an approach to a closed or an occupied runway.

        The Federal Aviation Administration plans to install such systems in 40 of the nation's largest airports.

$90,480 for a ham

        LOUISVILLE - The grand champion country ham brought $90,480 in an auction at the 39th annual Kentucky State Fair Country Ham Breakfast.

        The 17.4-pound ham was from Harper's Country Ham of Clinton and was bought by the Kentucky Bison Co. said Gary Huddleston of the Kentucky Farm Bureau.

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