Kentucky

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four civil case appeals Monday, Feb. 23, at the Nelson County Justice Center in Bardstown. Proceedings are open to the public.

A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Michael Caperton and Denise G. Clayton will hear oral arguments starting at 10:30 a.m. in District Courtroom B of the justice center at 200 Nelson County Plaza. The cases are on appeal from courts in Jefferson and Shelby counties.

A docket containing summaries of the cases is below.

BARDSTOWN DOCKET

Monday, Feb. 23, 2009        

10:30 AM   2007CA002545

                  WILLIAM PORTER ET AL. v. SHELBYVILLE CEMETERY COMPANY ET AL.

Summary: Civil. Appeal is from a lawsuit that was dismissed for lack of standing against a cemetery that was seeking to enforce compliance with its corporate charter and bylaws.

Shelby County judge who ruled in the case ? Judge Charles R. Hickman

Appellants? attorneys: Alan N. Linker, Donald T. Prather and Raymond R. Roelandt

Appellees? attorneys: C. Gilmore Dutton III and Heather Marie Hardin

11:15 AM   2008CA000564

                  JOSEPH HARDESTY ET AL. v. SCOT-BILT HOMES, INC. ET AL.

 Summary: Civil. Appeal regarding implied warranty of habitability.

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

Appellants? attorneys: George P. Parker, David B. Ratterman, Angela Richie Stephens and James C. Wade

Appellees? attorneys: Gerald L. Stovall and Brian Andrew Veeneman

1:45 PM   2008CA000622

                PINE TREE VILLA, LLC ET AL. v. CARLA OLSON

Summary: Civil. Appeal of trial court decision that denied appellant?s motion to enforce an alternative dispute resolution agreement. The agreement concerned a long-term care negligence claim.

Jefferson County judge who ruled in the case ? Judge Martin F. McDonald

Appellants? attorneys: Robert Y. Gwin and Marcia L. Pearson

Appellee?s attorney: Theodore L. Mussler Jr.

2:30 PM   2007CA002527

                ANN PATMON ET AL. v. LANIER HOBBS

Summary: Civil. Appeal of trial court order regarding judgment against managing members of a limited liability corporation pursuant to KRS 275.170. Issue is one of first impression (no existing published opinions on the issue in Kentucky) concerning what constitutes a diverted opportunity for fiduciary duty purposes.

Jefferson County judge who ruled in the case ? Judge Mitchell Perry

Appellant?s attorneys: Chadwick Aaron McTighe and Ian T. Ramsey

Appellee?s attorneys: F. Larkin Fore and Sarah Fore Whittle