Kentucky

From the Kentucky Administrative Office of the Courts:

Kentucky Court of Appeals to hear oral arguments Sept. 20-21 in Shelbyville

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in six civil cases and one criminal case when it convenes Monday and Tuesday, Sept. 20 and 21, at the Shelby County Courthouse in Shelbyville. The civil cases are on appeal from Jefferson County and the criminal case is on appeal from Daviess County. Proceedings will begin at 1:15 p.m. EDT Sept. 20 and 10 a.m. EDT Sept. 21 on the second floor of the courthouse at 501 Main St. Proceedings will be open to the public.

 

A three-judge panel comprised of Court of Appeals Judges Michelle M. Keller, Joy A. Moore and Janet L. Stumbo will hear oral arguments in six of the cases. Court of Appeals Judges Denise G. Clayton, Keller and Moore will hear oral arguments in one case.

 

A docket containing summaries of the cases is below. 

 

SHELBYVILLE DOCKET 

 

Monday, Sept. 20, 2010 

  

1:15 PM     2009CA001412 and 2009CA001588       

                   MICHELE MORGAN v. J. DANIEL LANHAM      

 

Summary: Civil. The appeal is from directed verdicts involving issues of multiple limited liability corporations regarding claims for recovery of unpaid loans and rent. Other issues are fraud/misrepresentation and various evidentiary rulings made by the trial court. The cross-appeal focuses on a directed verdict regarding breach of fiduciary duty.  

 

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

 

Appellant?s attorneys: Simon Berry and Scott Zoppoth   

 

Appellee?s attorney: Michael O?Connell    

 

2:15 PM     2009CA001427 and 2009CA001436     

                    BRANCH BANKING & TRUST COMPANY v. LARRY E. THOMPSON ET AL.

 

Summary: Civil. The appeal and cross-appeal originate from a foreclosure case. The appellant argues that it was entitled to judgment based on the statute of frauds. The appellant also argues that punitive damages were inappropriate and that the trial court erred in failing to grant a new trial. The cross-appeal focuses on whether the appellant should have been awarded attorney fees.

 

Jefferson County judge who ruled in the case ? Judge James M. Shake     

 

Appellant?s attorneys: Daniel Albers Jr., Jean Bird, Mark Robinson and Virginia Snell

 

Appellees? attorneys: David Hise et al.

 

3 PM     2007CA002426    

              TORI LYNN VAN BERG v. COMMONWEALTH OF KENTUCKY 

 

Summary: Criminal. The appellant claims a double jeopardy error due to a discovery violation by the prosecution. The appellant also claims there was a failure to instruct the jury on entrapment and that there was prosecutorial misconduct.    

 

Daviess County judge who ruled in the case ? Judge Henry M. Griffin

 

Appellant?s attorney: Joseph Aprile II

 

Appellee?s attorney: Jeffrey Cross

 

Tuesday, Sept. 21, 2010

 

10 AM     2009CA001352 and 2009CA001389    

                 SUSIE PERRY v. DR. GERALD M. LARSON

 

Summary: Civil. In this medical negligence and wrongful death case, appellant Susie Perry appeals a jury verdict for the defense. Appellee Dr. Gerald M. Larson cross-appeals. Perry argues that the trial court erred by admitting into evidence expert opinion testimony that had not previously been disclosed. She also argues that the trial court erred by excluding testimony related to the decedent?s post-operative physical condition and by dismissing Perry?s loss-of-consortium claim. Larson argues on cross-appeal that the court erred by denying his motions for a directed verdict.    

 

Jefferson County judge who ruled in the case ? Judge James M. Shake    

 

Appellant?s attorneys: William Garmer and Jerome Prather 

 

Appellee?s attorney: Donald Brown Jr.

 

10:45 AM     2009CA001442    

                      CARDIOVASCULAR SPECIALISTS, P.S.C. v. NICHOLAOS XENOPOULOS, M.D.

 

Summary: Civil. Cardiovascular Specialists appeals an order entered by the Circuit Court under KRS 271B.16-020, ordering it to provide documents and information sought by one of its shareholders, appellee Dr. Nicholaos Xenopoulos.    

 

Jefferson County judge who ruled in the case ? Judge Geoffrey P. Morris

 

Appellant?s attorneys: Robert Craig and Ryan Edwards

 

Appellee?s attorneys: Trevor Earl and Ivan Schell

 

11:30 AM     2009CA001533    

                      EARLENE F. GREENE v. KENTUCKY BOARD OF DENTISTRY

 

Summary: Civil. Appellant Earlene F. Greene appeals the Kentucky Board of Dentistry?s order placing her on probation for a period of five years. She argues that the board?s action was not supported by sufficient evidence and amounted to an abuse of discretion. She also challenges the constitutionality of KRS 13B.150(2)(c), arguing that it does not permit adequate review by a court of the board?s decision.

 

Jefferson County judge who ruled in the case ? Judge Geoffrey P. Morris

 

Appellant?s attorney: J. Demoisey 

 

Appellee?s attorneys: William Bausch and Mark Brengelman

 

1:30 PM     2009CA001178     

                   SHAWN M. SMITH v. LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT

 

Summary: Civil. This is a matter-of-right appeal from a grant of summary judgment. At issue is whether there is a genuine issue of material fact regarding whether the appellant?s deceased was a trespasser and was therefore owed no legal duty by the appellee.    

 

Jefferson County judge who ruled in the case ? Judge Irv Maze    

 

Appellant?s attorney: Mat Slechter 

 

Appellee?s attorneys: Gregory Gowen, David Hise, Nancy Schook and Laurence Zielke