Kentucky

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four cases Wednesday, Dec. 17, in Shepherdsville, including a case appealing a Jefferson County Circuit Court ruling that declared the Louisville Metro smoking ordinance unconstitutional. All proceedings will be open to the public and will take place in Courtroom 301 on the third floor of the Bullitt County Judicial Center at 250 Frank E. Simon Ave.

A three-judge panel consisting of Court of Appeals Judges Joy A. Moore, Jeff S. Taylor and Laurance B. VanMeter will hear oral arguments in Louisville/Jefferson County Metro Government et al. v. Metro Louisville Hospitality Coalition Inc. et al. at 1:30 p.m. The panel will hear oral arguments in two other Jefferson County cases following the smoking ordinance appeal.

A separate three-judge panel consisting of Court of Appeals Judges Michael Caperton, Jeff S. Taylor and Thomas B. Wine will hear the first case of the day ? a case on appeal from Knox County ? at 11 a.m.

                

A case docket containing summaries of the cases is below. 

SHEPHERDSVILLE DOCKET

Wednesday, Dec. 17, 2008 

11 AM   2008CA000169

             STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v.

             CARLENE SLUSHER

Summary: Civil. State Farm is appealing a judgment entered against it for uninsured motor vehicle coverage benefits, arguing that it should not provide uninsured motorist benefit coverage to an estate due to the exclusive remedy under the Kentucky worker?s compensation statutes. State Farm also argues that there is no underinsured coverage available under the policy.

Knox County judge who ruled in the case ? Judge Roderick Messer

Appellant?s attorney: John Vincent

Appellee?s attorney: Samuel Girdner Davies

1:30 PM   2008CA000377

                LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ET AL. v.

                METRO LOUISVILLE HOSPITALITY COALITION INC. ET AL.

Summary: Civil. Appellants are seeking a review of the trial court?s ruling, which declared the smoking ban ordinance enacted by Louisville/Jefferson Metro Government unconstitutional based on an exemption for facilities licensed and regulated by the Kentucky Horse Racing Authority. Appellants are also seeking a review of whether the trial court erred in ruling that the exemption could not be severed from the remainder of the ordinance.

Jefferson County judge who ruled in the case ? Judge Stephen P. Ryan

Appellants? attorneys: N. Scott Lilly, Eamon Patrick Mulvihill, William P. O?Brien and David A. Sexton

Appellees? attorneys: C. Michael Hatzell, John R. Wilson and Michael Rollin Wilson

2:15 PM   2007CA002066

                JESSE GARON v. LOUISVILLE AND JEFFERSON COUNTY

                HUMAN RELATIONS COMMISSION ET AL.

Summary: Civil. At issue is whether the Louisville and Jefferson County Human Relations Commission has the authority to settle a matter without the consent of the complaining witness.

Jefferson County judge who ruled in the case ? Judge Judith E. McDonald-Burkman

Appellant?s attorney: Elizabeth A. Coleman

Appellees? attorneys: Mark W. Dobbins, Michael R. Mazzoli, Jeffrey B. Skora and Will J. Walsh IV

3 PM   2008CA000344

           LOIS JACKSON v. MICHAEL MACKIN

Summary: Civil. Issue is whether Circuit Court properly granted appellee?s motion to dismiss based on arbitration clause in contract.

Jefferson County judge who ruled in the case ? Judge Kathleen Voor Montano

Appellant?s attorney: James M. Bolus Jr.

Appellee?s attorneys: Glenn Alan Cohen and Cynthia L. Effinger