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Kentucky

Kentucky Cases

Published decisions of the Kentucky Supreme Court and Court of Appeal including arguement calendars, minutes, and court news.

Post Frequency: 11.5/day

Last Entry: March 27, 2011 at 22:42:59

ADMINISTRATIVE LAW - Liquor licensing and minimum distance between establishments per local ordinance: Louisville / Jefferson County Metro Govt. v. TDC Group, LLC, d/b/a Molly Malone?s & Alcoholic Beverage Control Board (SC 2/19/2009)

Posted on September 27, 2009
Louisville / Jefferson County Metro Govt. v. TDC Group, LLC, d/b/a Molly Malone?s & Alcoholic Beverage Control Board 2007-SC-000315-DG 2/19/2009 2007-SC-000581-DG 2/19/2009 Opinion by Justice Noble; Justice Abramson not sitting. Molly Malone?s (a restaurant in Louisville) sought to replace its restaurantdrink license with a retail liquor drink license...

COA 2009 Minutes: September 25, 2009 (Nos. 980-1000)

Posted on September 26, 2009
COA 2009 Minutes: September 25, 2009 (Nos. 980-1000) 21 decisions 9 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 980 TUCKER V. COMMONWEALTH CRIMINAL OPINION REVERSING AND REMANDING WITH INSTRUCTIONS ** ** ** ** ** BEFORE: COMBS, CHIEF JUDGE; THOMPSON, JUDGE; HARRIS,1 SENIOR JUDGE...

Criminal - Post-conviction relief, RCr 11.42, DVO: Fuston v. Commonwealth (COA 8/21/2009)

Posted on September 23, 2009
Fuston v. Commonwealth 2008-CA-000819 8/21/09 2009 WL 2569069 Opinion by Judge Wine; Judges Nickell and Stumbo concurred. The Court reversed and remanded an order of the circuit court denying appellant post-conviction relief under RCr 11.42 from his conviction for first-degree manslaughter...

Administrative Law - due process, appeals following hearing: Commonwealth, Cabinet for Health and Family Services v. Gambrel's Food Mart, Inc. (C0A 8/28/2009)

Posted on September 23, 2009
Commonwealth, Cabinet for Health and Family Services v. Gambrel's Food Mart, Inc. 2008-CA-001243 8/28/09 2009 WL 2633576 Opinion by Judge Stumbo; Chief Judge Combs and Senior Judge Buckingham concurred. The Court affirmed a judgment of the circuit court holding that appellee should not be disqualified from participating as a vendor in Kentucky?s Women, Infants and Children (WIC) program...

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Contracts - equine, veterinary practice of medicine, KRE 401: Ramsey v. Lambert (COA 8/7/2009)

Posted on September 23, 2009
Ramsey v. Lambert 2008-CA-000862 8/7/09 2009 WL 2408413 Opinion by Judge Lambert; Judge Acree and Senior Judge Harris concurred. The Court affirmed a jury verdict awarding fees to appellees under an oral contract to provide services advising of potential thoroughbred horse racing prospects...

Contacts - covenant not to compete, parol evidence rule: New Life Cleaners v. Tuttle (COA 8/7/2009)

Posted on September 23, 2009
New Life Cleaners v. Tuttle 2007-CA-001948 8/7/09 2009 WL 2408337 Opinion by Judge Nickell; Judge Clayton concurred; Judge VanMeter dissented. The Court reversed and remanded a judgment of the circuit court in favor of an employee in a dispute over a contract containing a covenant not to compete...

Arbitration - employment agreement, jurisdiction re earlier employment agreements: Jacob v. Dripchak (COA 8/12/2009)

Posted on September 23, 2009
Jacob v. Dripchak 2008-CA-001157 8/21/09 2009 WL 2569128 Opinion by Judge Taylor; Chief Judge Combs and Judge Nickell concurred. The Court affirmed in part, and reversed and remanded in part, a judgment of the circuit court confirming an arbitration award in favor of appellee on claims related to an employment contract...

August 2009 COA Case Summary Report (Published Decisions)

Posted on September 23, 2009
The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...

WORKERS COMP & ESTATES - n KRS 342.180 did not apply to money received by an estate when a worker died without dependents: Williams v. Farmers Stockyard, Inc. (COA 8/7/2009)

Posted on September 23, 2009
Williams v. Farmers Stockyard, Inc. 2008-CA-000785 8/7/09 2009 WL 2408399 Opinion by Judge Caperton; Senior Judge Buckingham concurred; Judge Stumbo dissented by separate opinion. On discretionary review, the Court affirmed a judgment of the circuit court reversing a district court order regarding creditors? claims to workers? compensation benefits paid to the estate of a deceased worker...

WORKERS COMP - No error by ALJ in reopening claim later than 2 year window, medical benefits awarded affirmed: Ranger Contracting v. Morley (COA 8/28/2009)

Posted on September 23, 2009
Ranger Contracting v. Morley 2008-CA-001037 8/28/09 2009 WL 2707394 Opinion by Judge Nickell; Judges Caperton and Keller concurred. The Court affirmed an order of the Workers? Compensation Board affirming an ALJ?s award of medical benefits to a worker and his treating physician following the reopening of a claim resulting from a disputed medical fee...

WORKERS COMP - KRS 342.16(2)'s three factors for denial of claim, no causal connection between misrepresentation by employee and his injury: Baptist Hospital East v. Possanza (COA 8/7/2009)

Posted on September 23, 2009
Baptist Hospital East v. Possanza 2009-CA-000082 8/7/09 2009 WL 2424212 Opinion by Judge Lambert; Judges Caperton and Keller concurred. The Court affirmed a decision of the Workers? Compensation Board reinstating a worker?s claims for benefits. The Court held that the Board did not err in its interpretation and application of KRS 342...

TORTS - MVA; "the" vs. "a" substantial factor in causation not substantial error; zero pain and suffering affirmed; no negligence per se against coal company: Trent v. Teco Coal Corporation (COA 5/22/09; 8/21/09 ordered published)

Posted on September 23, 2009
Trent v. Teco Coal Corporation 2008-CA-000486 5/22/2009 2009 WL 1424031 Ordered Pub 8/21/09 Opinion by Judge Clayton; Judges Moore and Stumbo concurred. The Court affirmed a judgment of the circuit court entered subsequent to a jury verdict apportioning fault between the parties on appellant?s claim related to an automobile accident...

TORTS (MVRA, Threshhold verdict) EVIDENCE (police officers non-expert opinions on weather, property�damage not accident reconstruction)Price v. Garcia (COA 8/7/2009)

Posted on September 23, 2009
Price v. Garcia 2007-CA-001344 8/7/09 2009 WL 2408156 Opinion by Judge Nickell; Judge VanMeter and Senior Judge Graves concurred. The Court affirmed a judgment of the circuit court dismissing appellants? personal injury claims with prejudice following a jury verdict finding that appellants had not incurred $1,000...

TORTS - Defective title search claim, damages, attorney fees: Hamilton v. Trans Union Settlement Solutions, Inc. (COA 8/14/2009)

Posted on September 23, 2009
Hamilton v. Trans Union Settlement Solutions, Inc. 2008-CA-001475 8/14/09 2009 WL 2475430 Opinion by Senior Judge Lambert; Judges Clayton and Thompson concurred. The Court reversed and remanded for further proceedings a judgment of the circuit court granting appellants recovery on their claims against appellee related to a title examination in which it failed to discover a land use restriction in a deed...

JUVENILES - Use of expert witness permitted to determine best interests of child in juvenile sex offender adudication: N.L. v. Commonwealth (COA 8/14/2009)

Posted on September 23, 2009
N.L. v. Commonwealth 2007-CA-001216 8/14/09 2009 WL 2475190 Opinion by Senior Judge Lambert; Judge Wine concurred; Judge Keller concurred in result by separate opinion. On discretionary review, the Court vacated and remanded an order of the circuit court affirming a district court judgment finding that appellant was a juvenile sexual offender...

FAMILY LAW - Affirmed order that parties' son attend parochial school and not violative of First Amendment: Young v. Holmes (COA 8/28/2009)

Posted on September 23, 2009
Young v. Holmes 2008-CA-001365 8/28/09 2009 WL 2633653 Opinion by Judge Caperton; Judge Thompson concurred; Judge Wine concurred by separate opinion. The Court affirmed an order of the family court whereby the court ordered the parties? son to attend a parochial school...

FAMILY LAW - Federal stimulus payments as marital property: Wilder v. Wilder (COA 8/28/2009)

Posted on September 23, 2009
Wilder v. Wilder 2008-CA-002289 8/28/09 2009 WL 2633701 Opinion by Judge Lambert; Judge Stumbo and Senior Judge Henry concurred. The Court affirmed an order of the circuit court distributing marital funds from a federal stimulus payment entered more than ten days after entry of the final divorce decree...

FAMILY LAW - Evidence failed to show father abandoned child in termination proceeding: P.C.C. v. C.M.C. (COA 8/21/2009)

Posted on September 23, 2009
P.C.C. v. C.M.C. 2009-CA-000189 8/21/09 2009 WL 2569222 Opinion by Chief Judge Combs; Judge VanMeter and Senior Judge Lambert concurred. The Court vacated a judgment of adoption that effectively terminated appellant?s parental rights and allowed his son?s stepfather to adopt him...

EMPLOYMENT LAW - Claim of wrongful discharge for refusing to violate law not found: Welsh v. Phoenix Transportation Services, LLC (COA 8/14/2009)

Posted on September 23, 2009
Welsh v. Phoenix Transportation Services, LLC 2007-CA-001231 8/14/09 2009 WL 2475206 Opinion by Judge Nickell; Senior Judge Rosenblum concurred; Judge Thompson concurred in result only. The Court affirmed a summary judgment of the circuit court in favor of the appellee employer on appellant?s claims of wrongful discharge in violation of public policy and tortious interference with employment...

EMPLOYMENT LAW - Whistleblower Act, Claim of retaliatory discharge, "good faith" report: Thornton v. Office of the Fayette County Attorney (COA 8/14/2009)

Posted on September 23, 2009
Thornton v. Office of the Fayette County Attorney 2008-CA-000740 8/14/09 2009 WL 2475329 Opinion by Judge Clayton; Chief Judge Combs and Judge Nickell concurred. The court affirmed a summary judgment in favor of appellees on appellant?s claim for retaliation under the Kentucky Whistleblower Act, KRS 61...

EDUCATION LAW - SJ affirmed dismissing claim board failed to hire him: Hicks v. Magoffin County Board of Education (COA 8/21/2009)

Posted on September 23, 2009
Hicks v. Magoffin County Board of Education 2008-CA-001025 8/21/09 2009 WL 2569107 Opinion by Judge VanMeter; Chief Judge Combs and Senior Judge Lambert concurred. The Court affirmed a summary judgment of the circuit court in favor of the appellee board of education on appellant?s claim that the board failed to hire him...

Criminal - postconviction relief, succeeding judge, sixteen year delay in making CR 60.02 motion: Oller v. Commonwealth (COA 8/21/2009)

Posted on September 23, 2009
Oller v. Commonwealth 2008-CA-000977 8/21/09 2009 WL 2569080 Opinion by Senior Judge Harris; Judges Moore and Nickell concurred. The Court affirmed an order of the circuit court denying appellant?s motion for post-conviction relief filed pursuant to CR 60...

Torts - discovery/admissibility of SSD application, Financial hardship exception to collateral source rule, aggravation of pre-existing condition instructions, judgment NOV denial affirmed: Peters v. Wooten (COA 7/17/2009)

Posted on September 22, 2009
Peters v. Wooten 2007-CA-001955 07/17/2009 2009 WL 2059085 Opinion by Judge Moore; Judge Acree and Senior Judge Knopf concurred. The Court affirmed a verdict and judgment for the defense after a jury trial in a personal injury case arising from an automobile accident...

Damages - Economic Loss Rule followed in Ky: Industrial Risk Insurers v. Giddings & Lewis, Inc. (COA 7/2/2009)

Posted on September 22, 2009
Industrial Risk Insurers v. Giddings & Lewis, Inc. 2007-CA-002163 07/02/2009 2009 WL 1884386 DR Pending Opinion by Judge Keller; Judges Clayton and Lambert concurred. The Court affirmed in part, reversed in part, and remanded a circuit court order granting summary judgment to appellees on appellants? tort claims related to damage to a lathe, material handling system and vertical machining centers manufactured by appellees...

Torts - malicious prosecution, probably cause for original medical malpractice claim: D'Angelo v. Mussler (COA 5/29/2009)

Posted on September 22, 2009
D'Angelo v. Mussler 2008-CA-001003 05/29/2009 2009 WL 1491390 Opinion by Judge Moore; Judge Dixon and Senior Judge Knopf concurred. The Court affirmed a summary judgment of the circuit court in favor of the appellee attorney on appellant?s claim alleging wrongful use of civil proceedings...

Property - EPA and mine permit, surface/mineral rights, broad form deed: Johnson v. Environmental and Public Protection Cabinet (COA 5/15/2009)

Posted on September 22, 2009
Johnson v. Environmental and Public Protection Cabinet 2008-CA-000151 05/15/2009 2009 WL 1348470 Released for publication Opinion by Judge Dixon; Judge Moore and Senior Judge Knopf concurred. The Court affirmed an order of the circuit court affirming a final order of the Environmental and Public Protection Cabinet granting a mine permit to a coal company authorizing both surface mining and underground mining...

Family Law - venue (motion to transfer, waiver), property distribution, tax refund, medical care for child: Stipp v. St. Charles (COA 7/2/2009)

Posted on September 22, 2009
Stipp v. St. Charles 2008-CA-000400 07/02/2009 2009 WL 1884435 Opinion by Judge Acree; Judge Nickell and Senior Judge Knopf concurred. The Court affirmed orders of the family court denying a motion requesting a transfer on grounds of improper venue, distributing marital assets, awarding maintenance, ordering continued health insurance coverage and allocating the parties? income tax refund in a dissolution of marriage action...

Family Law - motion to set aside settlement agreement and claims of fraud, intimidation and mental incompetence: Lawson v. Lawson (COA 7/17/2009)

Posted on September 22, 2009
Lawson v. Lawson 2008-CA-000824 07/17/2009 2009 WL 2059450 Opinion by Judge Lambert; Judges Acree concurred; Senior Judge Harris concurred in result only by separate opinion. The Court affirmed an order of the circuit court denying a motion brought pursuant to CR 60...

Family Law - extension of DVO, expired: Fedders v. Vogt-Kilmer (COA 7/31/2009)

Posted on September 22, 2009
Fedders v. Vogt-Kilmer 2008-CA-000450 07/31/2009 2009 WL 2341495 Opinion by Senior Judge Guidugli; Judges Stumbo and Thompson concurred. The Court vacated and remanded an order of the family court extending an original domestic violence order (DVO) for three years...

Education Law - residency requirements to teach in district: Newport Independent School District v. Commonwealth (COA 7/24/2009)

Posted on September 22, 2009
Newport Independent School District v. Commonwealth 2008-CA-001615 07/24/2009 2009 WL 2192773 Opinion by Senior Judge Harris; Judges Acree and Lambert concurred. The Court affirmed an order of the circuit court upholding the constitutionality of KRS 160...

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