Response to motion for summary judgment - Kentucky.com

they could have resulted from a fall, from CPR, or from something like a “kicking injury.” (Davis
Depo. p. 24-25, 65, 67.) (Cited portions of Davis’ deposition are attached hereto as Exhibit 43.)
After examining the evidence in this case, we can rule out CPR and a fall. Gerald’s broken ribs were
on the side, a different place from where one normally tends to see ribs broken as a result of CPR.
(Id., p. 66-67). We also know from the evidence (a) that Gerald did not have broken ribs before he
arrived at the Detention Center; (b) that nobody from the Detention Center, from the emergency unit,
or from the emergency room performed CPR on Gerald because he never stopped breathing; and (c)
that Gerald did not fall on his side. Therefore, the only remaining possible cause of Gerald’s broken
ribs, based on Dr. Davis’ testimony, is a kicking-type, or assault-related, injury that occurred at the
Detention Center.
Dr. Davis also testified he did not see any physical evidence consistent with an assault.
However, he admitted he was looking for patterned injuries and could not rule out an assault. (Id.,
p. 35). Dr. Davis also testified that, although he did not see any evidence of an intentional injury on
the body in the form of a bruise, a scrape, or a tear in the skin, this was based in part on his
assumption that the bruising on Gerald’s chest was consistent with the bruising on alcoholics who
fall. (Id., p. 35, 64-65). Dr. Davis did not date the bruises, but he believed most of them looked
contemporaneous with around the time of Gerald’s fall. (Id., p. 77-78).
In response to the numerous witnesses who “dated” the bruises as occurring prior to Gerald’s
stay at the Detention Center, Dr. Davis testified, “[D]ating of bruises is extremely problematic. It’s
more the stuff of Hollywood. All I can say is that purple bruises occur sooner, green and yellow and
brown occur later. But beware of any expert that ever tries to date a bruise for you. They are
pretending to know more than they [do].” (Id.).(Emphasis added).
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