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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

FAMILY LAW: Domestic violence order supported by underlying conviction for offenses: VALENTINE V. HORAN (COA 9/5/2008)

Posted on November 02, 2008
VALENINE V. HORAN FAMILY LAW: Domestic violence order supported by underlying conviction for offenses 2007-CA-002010 TO BE PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; STUMBO, THOMPSON CONCUR JEFFERSON COUNTY DATE RENDERED: 9/5/2008 LAMBERT, J: Greg Valentine appeaed an emergency protective order (EPO) and a domestic violence order (DVO) entered by the family court...

Minutes for Kentucky Court of Appeals for Oct. 31, 2008 (COA 2008:53)

Posted on November 01, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 26 rendered decisions - Numbered 1240-1265 with 5 published decisions (1243; 1253; 1257; 1261; 1262)

COA MINUTES: Minutes for Kentucky Court of Appeals for Oct. 24, 2008 (COA 2008:52)

Posted on October 26, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 27 rendered decisions - Numbered 1213-1239 with 2 published decisions (1235; 1238)

SCOKY MINUTES: Minutes for Kentucky Supreme Court for October 23, 2008 (2008:51)

Posted on October 26, 2008
Click here for minutes at AOC with links to full text of each decision 30 rendered decisions: 204-233 13 published (204-216) 7 disciplinary matters Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review.

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COA MINUTES: Minutes for Kentucky Court of Appeals for Oct. 17, 2008 (COA 2008:50)

Posted on October 26, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 23 rendered decisions - Numbered 1190-1212 with 5 published decisions (1190; 1197; 1200; 1207)

MINUTES (COA): Minutes for Kentucky Court of Appeals for Oct. 10, 2008 (COA 2008:49)

Posted on October 26, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 27 rendered decisions - Numbered 1163-1189 with 34 published decisions (1169, 1182, 1188)

Preexisting nonconforming use exception applied in zoning case: LEGRAND v. EUBANK (COA 8/29/2008)

Posted on October 26, 2008
LEGRAND v. EUBANKZONING: Pre-existing nonconforming use exception upheld 2007-CA-001770 PUBLISHED: AFFIRMINGPANEL: THOMPSON PRESIDING; VANMETER, HENRY CONCURGALLATIN CIRCUIT COURT: DATE RENDERED: 8/29/2008 THOMPSON, Judge. his is an appeal from an order of the Gallatin Circuit Court that affirmed a ruling by the Gallatin Board of Adjustments (Board) that Nugent Sand Company had nonconforming-use rights to conduct sand and gravel mining operations on all lands it owned that were under permit at the time Gallatin County adopted comprehensive planning and zoning provisions...

Damages for estate of infant who died during delivery include loss of future earnings: MAYSVILLE OBSTETRIC V. LEE (COA 8/29/2008)

Posted on October 26, 2008
MAYSVILLE OBSTETRIC V. LEETORTS: Medical negligence verdict affirmed; Damages arising from infant's death during delivery include loss of power to labor and earn money 2007-CA-001616 PUBLISHED: AFFIRMING IN PART AND REVERSING AND REMANDING IN PART PANEL: LAMBERT PRESIDING; COMBS, DIXON CONCURMASON CIRCUIT COURT; DATE RENDERED: 8/29/2008 LAMBERT, Judge...

Law of case doctrine not limit remand of earlier decision under facts of the case: MKJ v. BOURBON COUNTY BOARD OF EDUCATION (COA 8/29/2008)

Posted on October 26, 2008
MKJ v. BOURBON COUNTY BOARD OF EDUCATION APPEALS: Law of case doctrine not applied to the facts of case in remand permitting issues not addressed on appeal to be prosecuted against school board 2007-CA-000832 PUBLISHED: REVERSING AND REMANDING PANEL: BUCKINGHAM PRESIDING; CAPTERTON, STUMBO CONCUR BOURBON CIRCUIT COURT; DATE RENDERED: 8/29/2008 BUCKINGHAM, Senior Judge...

SCOKY Discretionary Reviews Granted for Oct. 2008

Posted on October 26, 2008
COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? OCTOBER 15, 2008 LABOR READY, INC., ET AL. V. WANDA SUE JOHNSTON 2007-SC-000419-DG JEFFERSON COA Decision: 2005CA001587 Issues: Workers compensation exclusive remedy, immunity, and indemnity Labor Ready: Attorney - Elizabeth Ulmer Mendel Johnston: Attorney - Timothy R...

COA ARGUMENTS: Kentucky Court of Appeals Calendar for Oct. 30, 2008 in Northern Kentucky - open to public

Posted on October 22, 2008
FRANKFORT, Ky., Oct. 22, 2008 - The Kentucky Court of Appeals will hear oral arguments in four cases Thursday, Oct. 30, at Northern Kentucky University Chase Law School in Highland Heights. Proceedings are open to the public. A three-judge panel consisting of Court of Appeals Judges Joy A...

COA ARGUMENTS: Kentucky Court of Appeals Calendar for Oct. 30, 2008 in Northern Kentucky - open to public

Testing to rule out exposure to potentially hazardous body fluids covered by workers compensation: KESA v. LEXINGTON DIAGNOSTIC CENTER (COA 8/29/2008)

Posted on October 22, 2008
KESA v. LEXINGTON DIAGNOSTIC CENTER WORKERS COMPENSATION: Medical workers exposed to potentially hazardous bodily fluids constituted an injury and employer liable for medical expenses for testing and followup testing 2007-CA-002360 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; COMBS, ACREE CONCUR DATE RENDERED: 8/29/2008 THOMPSON, J: This is a medical fee dispute in which Kentucky Employers Safety Association (KESA) appeals from an opinion and order of the Administrative Law Judge (ALJ), which held KESA responsible for medical fees incurred by Lee Kirkland, an employee of Lexington Diagnostic Center...

Newly discovered DNA evidence warranted new trial in criminal conviction: BEDINGFIELD V. COM. (SC 8/21/2008)

Posted on October 21, 2008
LACY BEDINGFIELD v. COMMONWEALTHCRIMINAL: New DNA evidence warranted new trial and constituted "good cause" under CR2007-SC-000128-DG.pdfPUBLISHED: REVERSINGOPINION BY SCOTT; VENTERS NOT SITTINGFRANKLIN COUNTYDATE RENDERED: 8/21/2008; 9/17/2008 In this discretinary review, the SC noted the underlying judgment upon which Appellant's motion rests, concerns his 1996 conviction of rape in the first degree and of being a persistent felony offender...

Complaint timely filed upon delivery to clerk even tho summons issues after time period: NANNY V. SMITH (SC 8/21/2008)

Posted on October 21, 2008
DONNA NANNY v. JENNIFER SMITHCIVIL PROCEDURE: Complaint timely filed when delivered to the clerk within statute of limitations even though clerk delayed filing case and issuing summons after the time period (under the circumstances of this case)2006-SC-000833-DG...

Blockburger test applied in double jeopardy re sexual assaults: CLARK V. COM. (SC 8/21/2008)

Posted on October 21, 2008
DAVID A. CLARK V. COMMONWEALTHCRIMINAL: Double jeopardy, Blockburger Test applied2005-SC-000862-MR.pdfPUBLISHED: Affirming in part and Reversing in PartOPINION BY SCOTT; VENTERS NOT SITTINGFROM HARDIN COUNTYDATE RENDERED: 8/21/2008 Appellant, David A...

Identification of donors to public university foundation in open records request: CAPE PUBLICATIONS, INC. d/b/a COURIER JOURNAL v. UNIVERSITY OF LOUISVILLE FOUNDATION, INC. (SC 8/21/2008)

Posted on October 21, 2008
CAPE PUBLICATIONS, INC. d/b/a COURIER JOURNAL v. UNIVERSITY OF LOUISVILLE FOUNDATION, INC.GOVERNMENT: Open records request and identification of donors to foundation disclosed2005-SC-000454-DG.pdfPUBLISHED: AFFIRMING IN PART, REVERSING IN PARTOPINION BY CUNNINGHAM; MINTON CONCURS IN PART BUT ALSO DISSENTS IN PART; SCOTT CONCURS IN PART AND DISSENTS IN PART BY SEPARATE OPINION; VENTERS NOT SITTINGFROM JEFFERSON COUNTYDATE RENDERED: 8/21/2008; 9/17/2008 The Courier-Journal newspaper appeals a decision of the Court of Appeals denying an open records request directed to the University of Louisville Foundation, Inc...

Treating physician's testimon given no greater weight in workers compensation claim: ANDREA SUE SWEENEY v. KING'S DAUGHTERS MEDICAL CENTER (SC 8/21/2008)

Posted on October 21, 2008
ANDREA SUE SWEENEY v. KING'S DAUGHTERS MEDICAL CENTERWORKERS COMP: Treating physician's testimony not to be given greater weight2007-SC-000885-WC.pdfPUBLISHED: AFFIRMINGOPINION OF THE COURTDATE RENDERED: 8/21/2008; 9/17/2008 An Administrative Law Judge (ALJ) dismissed the claimant's application for benefits, finding that she failed to show a permanent, work-related injury...

Reopening workers compensation claim, evidence needed: ST. JOSEPH HOSP. v. PAMELA LITTLETON-GOODAN (SC 8/21/2008)

Posted on October 21, 2008
ST. JOSEPH HOSP. v. PAMELA LITTLETON-GOODANWORKERS COMP: Evidence considered in re-opening of claim2007-SC-000688-WC.pdfPUBLISHED: AFFIRMINGOPINION OF THE COURT; VENTERS NOT SITTINGDATE RENDERED: 8/21/2008; 9/17/2008 When deciding the reopening that is the subject of this appeal, the Administrative Law Judge (ALJ) relied on a Form 107 medical report that accompanied the claimant's initial application for benefits although neither party designated it as being part of the evidence at reopening...

Wage computation in workers compensation for profit sharing income: PENDYGRAFT V. FORD MOTOR CO. (SC 8/21/2008)

Posted on October 21, 2008
SARA PENDYGRAFT V. FORD MOTOR CO.WORKERS COMP: Computation of wages in profit-sharing 2007-SC-000658-WC.pdfPUBLISHED: AFFIRMINGOPINION OF THE COURT; VENTERS NOT SITTINGDATE RENDERED: 8/21/2008; 9/17/2008 The injured workers' compensation claimant sought review of decision from Workers' Compensation Board, in which the Board included profit-sharing bonuses in the claimants pre-injury and post-injury average weekly wage and, on that basis, the WCB had found the claimant was not eligible for a double income benefit...

Moped a "motor vehicle" under DUI statute: ADAMS v. COMMONWEALTH (COA 8/22/2008)

Posted on October 21, 2008
ADAMS v. COMMONWEALTH CRIMINAL: Moped considered motor vehicle for DUI purposes 2007-CA-002504 PUBLISHED: AFFIRMING PANEL: VANMETER PRESIDING; WINE, LAMBERT CONCUR MADISON COUNTY; JUDGE ADAMS DATE RENDERED: 8/22/2008 VANMETER, J: James Adams entered a conditional plea of guilty to charges of driving under the influence (fourth offense), and driving on a license suspended for DUI (second offense)...

Paramedics not covered under Good Samaritan statute in case of first impression: COOK v. TAYLOR (COA 8/22/2008)

Posted on October 21, 2008
COOK v. TAYLOR TORTS: Paramedics and EMT are not covered under Good Samaritan Statute (in case of first impression) 2007-CA-000122 PUBLISHED: REVERSING AND REMANDING PANEL: LAMBERT PRESIDING; CAPERTON, THOMPSON CONCUR ANDERSON COUNTY; JUDGE HICKMAN DATE RENDERED: 8/22/2008 LAMBERT, J: On May 11, 2006, David Cook became lightheaded as he was driving home from work and pulled to the side of the road...

Discrimination claim by tenured track college faculty member not upheld: MCBREARTY v. KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM (COA 8/22/2008)

Posted on October 21, 2008
MCBREARTY v. KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEMEMPLOYMENT LAW: Discrimination and disparate treatment claim not upheld2006-CA-002621PUBLISHED: AFFIRMINGPANEL: CAPTERTON PRESIDING; LAMBERT, THOMPSON CONCURSFAYETTE COUNTY; JUDGE ISHMAELDATE RENDERED: 8/22/2008 CAPERTON, J: This appeal arises when a community college faculty member's contract was not renewed and filed a claim for retaliation...

Profit sharing and wage calculation in workers compensation claim: SARA PENDYGRAFT V. FORD MOTOR CO (SC 8/21/2008)

Posted on October 20, 2008
SARA PENDYGRAFT V. FORD MOTOR CO.WORKERS COMP: Computation of wages in profit-sharing 2007-SC-000658-WC.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT; VENTERS NOT SITTING DATE RENDERED: 8/21/2008; 9/17/2008 The injured workers' compensation claimant sought review of decision from Workers' Compensation Board, in which the Board included profit-sharing bonuses in the claimants pre-injury and post-injury average weekly wage and, on that basis, the WCB had found the claimant was not eligible for a double income benefit...

Failure to strictly comply with notice of termination of TTD tolls SOL: KENTUCKY CONTAINER SERVICE, INC. V. KENNETH ASHBROOK (SC 8/21/2008)

Posted on October 20, 2008
KENTUCKY CONTAINER SERVICE, INC. V. KENNETH ASHBROOKWORKERS COMP: Statute of limitations tolled by employer's failure to strictly comply with notice of termination of TTD benefits 2007-SC-000533-WC.pdf PUBLISHED: AFFIRMING; OPINION OF THE COURT; VENTERS NOT SITTING DATE RENDERED: 8/21/2008 In this workers compensation appeal, the Supreme Court affirmed the COA and held that the two-year limitations period for filing a workers compensation claims was tolled by the employer's failure to strictly comply with statutes governing notice of termination of temporary total disability benefits...

No error in "all for one package" deal in criminal case: KENNETH CAMPBELL V. COM. (SC 8/21/2008)

Posted on October 20, 2008
KENNETH CAMPBELL V. COM.CRIMINAL: No error for "all for one package deal"; juror was present but not answer roll call could serve; inoperability of firearm and sentence enhancement 2007-SC-000382-MR.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT; VENTERS NOT SITTING BRECKINRIDGE COUNTY DATE RENDERED: 8/21/2008; 9/17/2008 THis was a criminal "matter of right" appeal by two defendants with SCOKY affirming the circuit court judgment...

Issue mooted on appeal: THE MEDICAL VISION GROUP, PSC V. HON. TIMOTHY N. PHILPOT (SC 8/21/2008)

Posted on October 20, 2008
THE MEDICAL VISION GROUP, PSC V. HON. TIMOTHY N. PHILPOTCIVIL: Issue was mooted pending appeal and thus no actual case or controversy; COA engaged in improper fact-finding 2008-SC-000017-MR.pdf PUBLISHED: DISMISSING AS MOOT OPINION BY ABRAMSON; VENTERS NOT SITTING FAYETTE COUNTY DATE RENDERED: 8/21/2008 This appeal involved two business asking the Kentucky Court of Appeals for a writ prohibiting circuit court judge from appointing a receiver to oversee both business entities and from asserting external judicial control over the businesses' accounts and assets...

COA ARGS: Court of Appeals to hear arguments in Murray on Oct. 14

Posted on October 12, 2008
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in two cases Tuesday, Oct. 14, at the Calloway County Judicial Building in Murray. Proceedings will be open to the public. A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Donna L...

CRIMINAL: Search and seizure investigatory stop of known drug trafficker approaching vehicle in middle of road at night and in high crime area was based upon reasonable articulable suspicion: MORRIS V. COM. (COA 8/15/2008)

Posted on October 07, 2008
MORRIS V. COM. CRIMINAL: Search and seizure investigatory stop of known drug trafficker approaching vehicle in middle of road at night and in high crime area was based upon reasonable articulable suspicion 2007-CA-001571 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; COMBS, DIXON CONCUR FAYETTE COUNTY DATE RENDERED: 8/15/2008 CA affirmed TC's denial of Morris' motion to suppress alleging a lack of reasonable suspicion...

WORKERS COMP: Agriculture did not include logging operation for workers compensation coverage: COM. OF KENTUCKY V. GUSSLER (COA 8/8/2008)

Posted on October 06, 2008
COM. OF KY. V. GUSSLER WORKERS COMP: Agriculture did not include logging operation for workers compensation coverage 2008-CA-000482 PUBLISHED: AFFIRMING PANEL: CAPERTON PRESIDING; VANMETER, GUIDUGLI CONCUR WCB DATE RENDERED: 8/8/2008 On appeal, the Uninsured Employers? Fund (UEF) argues that the Board erred in overturning the ALJ, thereby excluding Williams? tree harvesting activities from the definition of agriculture...

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