Kentucky

SCOKY ARGS for January 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)

By Michael Stevens

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here.

For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

The issues, dates, times, lower court/judge, counsel, AND links to full text of briefs and  COA decision are below!

WEDNESDAY, JANUARY 14, 2009

9:00 a.m. MILLER, ET AL. V. HUTSON (2007-SC-317-DG) 

"Real Property. Caveat Emptor. Summary Judgment. Issues include whether developer-seller, who contracted with another for construction of residence for sale, may be liable to purchaser for construction defects." 
Discretionary Review granted 2/13/2008 
Whitley Circuit Court, Judge Paul Braden 
For Movants: David Ora Smith and Marcia A. Smith 
For Respondent: Darrell L. Saunders

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

       2005CA001049

10:00 a.m. BREATHITT COUNTY BOARD OF EDUCATION V. PRATER (2008-SC-41-DG) 
"Interlocutory Appeals. Sovereign Immunity. Issues include whether interlocutory order denying claim of immunity is immediately appealable and, if so, whether school's provision of a residence on school property to house night watchman is a governmental function." 
Discretionary Review granted 4/16/2008 
Breathitt Circuit Court, Judge Larry Miller 
For Movant: Michael J. Schmitt and Jonathan C. Shaw 
For Respondent: Hershel Branson, Jr.

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

       2007CA000141

11:00 a.m. BRAVO DEVELOPMENT, INC. V. SINGLETON (2007-SC-769-DG) 
"Unlawful Labor Practices. Election of Remedies. Issues include whether pursuit of unpaid wages through the Department of Labor precludes invocation of the court's original jurisdiction to pursue liquidated damages in court pursuant to KRS 337 .385 based on the same underlying unpaid wages claim." 
Discretionary Review granted 4/16/2008 
Campbell Circuit Court, Judge Fred A. Stine V 
For Movant: Philip Douglas Barr, Andrew Christian Smith and Scott A. Carroll
For Respondent: Margo L. Grubbs and Sherrill P. Hondorf

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

       2006CA002163

THURSDAY, JANUARY 15, 2009

9:00 a.m. COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. JOHNSON, ET AL. (2007-SC-678-DG) 
"Board of Claims. Highway Maintenance. Negligence. Issues include whether Department of Highways was entitled to judgment on grounds that it did not owe or did not breach duty of care with respect to roadside tree that motorist crashed into." 
Discretionary Review granted 6/11/2008 Knox Circuit Court, Judge Gregory Allen Lay
For Movant: Andrew Martin Stephens 
For Respondents: Denise Moore Davidson and George Mitchell Mattingly

 

Appellant's Brief

Appellee's Brief

       2006CA001512

10:00 a.m. HUNT V. COMMONWEALTH OF KENTUCKY (2006-SC-634-MR) 
"Death Penalty-Murder, Burglary in the First Degree and Wanton Endangerment in the First Degree." 
Floyd Circuit Court, Judge John David Caudill 
For Movant: Randall L. Wheeler, Shelly R. Fears and Julia Karol Pearson 
For Respondent: Matthew Robert Krygiel

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief
No COA Decision.  Death Penalty Case.

FRIDAY, JANUARY 16, 2009

9:00 a.m. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. TDC GROUP, LLC, D/B/A MOLLY MALONE'S, ET AL. (2007-SC-315-DG) AND (CROSS-MOTION) TDC GROUP, LLC, D/B/A MOLLY MALONE'S V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, ET AL. (2007-SC-581-DG) 
"Administrative Law. Liquor Licensing. Issues involve (1) the manner of the measurement of the KRS 241 .075 minimum distance of 700 feet between retail liquor drink licensees in cities of the first class or consolidated local governments and (2) whether KRS 241 .075(2) violates the local or special legislation provisions of Ky. Const. §§ 59 and 60." 
Discretionary Review granted 8/15/2007 and 10/24/2007 Franklin Circuit Court, Judge Roger Crittenden 
For Movant/Cross-Respondent (Louisville/Jefferson County Metro Government): David A. Sexton 
For Respondent/Cross-Movant (TDC Group): Kenneth Sidney Handmaker and Kevin Lee Chlarson For Respondent (Alcoholic Beverage Control Board): Henry Joseph Curtis and Matthew Scott Finley 
(Justice Abramson is recused)

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

       2006CA000068

10:00 a.m. EMBERTON V. GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. (2007-SC-443-DG) AND (CROSS-MOTION) GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. V. EMBERTON (2008-SC-109-DG) 
"Personal Injury. Statute of Limitations. Discovery Rule. In lawsuit based upon hepatitis A infection allegedly contracted at Red Lobster restaurant, issues include whether discovery rule tolls one-year statute of limitations." 
Discretionary Review granted 2/13/2008 and 4/16/2008 Warren Circuit Court, Judge Steve Alan Wilson 
For Movant/Cross-Respondent: Stephen L. Hixson and Casey Alan Hixson 
For Respondents/Cross-Movants: Stefan Richard Hughes and Matthew Porter Cook

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Appellee's Reply Brief

       2005CA002355

11:00 A.M. COMMONWEALTH OF KENTUCKY V. NICHOLS (2007-SC-493-DG) 
"Criminal Law. Expert Testimony. Reciprocal Discovery Rule (RCr 7.24). Issue is whether prosecution is entitled to information about defense expert, including identity and summary of proposed testimony, when expert has generated no written report."
Discretionary Review granted 6/11/2008 McCracken Circuit Court, Judge Craig Z. Clymer
For Movant: Heather Michelle Fryman
For Respondent: Emily M. W. Roark

Appellant's Brief

Appellee's Brief

       2006CA001558

Full post as published by Kentucky Cases on January 11, 2009 (boomark / email).