Quirky points of law courtesy of Westlaw’s Headnote of the Day

Do note that these are offered as a diversion and may not necessarily be good law:

  • While to some degree children have right to share in each parent’s standard of living, child support must be set in amount which is reasonably and rationally related to realistic needs of children; that is, no child, no matter how wealthy the parents, needs to be provided more than three ponies, and this is referred to as the “three pony rule.”

Downing v. Downing, 45 S.W.3d. 449 (Ky. Ct. App. 2001)

  • Fact that expert witness, in medical malpractice action, at one point defined the standard of care as being the viewpoint of “a leading neurosurgeon” and several times in his testimony referred to “leading and responsible neurosurgeons” did not render his testimony inadmissible on ground that he was not familiar with local standard of care where expert’s testimony, taken in its entirety, revealed that he conceived of no categories other than “leading, responsible neurosurgeons” and incompetent neurosurgeons and that, therefore, his standard was nothing more than the ordinary standard of care couched in pompous terms.

Schwab v. Tolley, 345 So.2d 747 (Fla. Dist. Ct. App. 1977)