Ky. Court Rules that Empty-Chair Defendants Should Have Been Assigned Liability by Jury

LOUISVILLE, Ky. -- Kentucky's highest court has reversed an intermediate appellate court order, holding that a trial court was correct when it found that jurors had gone against the weight of the evidence when not assigning liability to parties who did not participate in trial. Certainteed Corp., v. Dexter, et al., No. 2008-SC-000886-DG (Ky. Sup. Ct.).

In the Dec. 16 opinion, the Kentucky Supreme Court found that there was in fact sufficient substantial evidence to support a finding against the empty-chair defendants at trial.

"This Court concludes that there was substantial evidence to support the trial court's ruling," the Supreme …