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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

REVENUE AND TAXATION: Time limits for contesting real property evaluation for tax purposes not met by property owner: COM. OF KENTUCKY V. CROMWELL LOUISVILLE ASSOCIATES (COA 8/8/2008)

Posted on October 06, 2008
COM. OF KY. V. CROMWELL LOUISVILLE ASSOCIATES REVENUE AND TAXATION: Time limits for contesting real property evaluation for tax purposes 2007-CA-001128 PUBLISHED: REVERSING AND REMANDING PANEL: COMBS PRESIDING; KELLER, HENRY CONCUR JEFFERSON COUNTY DATE RENDERED: 8/8/2008 COMBS, CHIEF JUDGE: This appeal arose from a contested a 2001 real property tax valuation...

TORTS: Vicarious liability not found in facts of this case; dismissal affirmed against business who exercised no control over driver who was doing a gratuitious errand for the business: BROOKS V. GRAMS, INC. (COA 8/8/2008)

Posted on October 06, 2008
BROOKS V. GRAMS, INC.TORTS: Vicarious liability not found in facts of this case; dismissal affirmed against business who exercised no control over driver who was doing a gratuitious errand for the business 2007-CA-001087 PUBLISHED: AFFIRMINGPANEL: WINE PRESIDING; CAPTERON, KELLER CONCURLINCOLN COUNTYDATE RENDERED: 8/8/2008 WINE, JUDGE: This lawsuit arises from a personal injury claim by the "Brooks" arising from a car accident against Ferand Dillingham (?Ferand?)...

CRIMINAL: Evidence (hearing on competency of witness; opinion testimony regarding witness's defects; use of writings to refresh recollection): NICELY V. COM. (COA 8/8/2008)

Posted on October 06, 2008
NICELY V. COM. CRIMINAL: Evidence (hearing on competency of witness; opinion testimony regarding witness's defects; use of writings to refresh recollection) 2007-CA-000576 PUBLISHED: AFFIRMING PANEL: VANMETER PRESIDING; THOMPSON, HENRY CONCUR KENTON COUNTY DATE RENDERED: 8/8/2008 VANMETER JUDGE: Defendant's criminal conviction sentencing him to fourteen years? imprisonment for attempt to commit murder was affirmed by COA...

ARGUMENTS: Kentucky Court of Appeals will hear oral arguments Oct. 14 in Murray

Posted on October 06, 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...

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WORKERS COMP: Injured claimant found to be employee and not independent contractor and thus could make workers compensation claim: PIKE COUNTY BOARD OF EDUCATION V. MILLS (COA 8/1/2008)

Posted on October 05, 2008
PIKE COUNTY BOARD OF EDUCATION V. MILLS WORKERS COMP: Employment relationship 2008-CA-000149 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; KELLER , GRAVES CONCUR WCB DATE RENDERED: 8/1/2008 Mills was hired on a contract basis to direct the color guard at Shelby Valley High School, however, he was hired by the band director and never by the superintendent of the Board of Education...

Independent contractor has no employee discrimination claim since not an employee:STEILBERG V. C2 FACILITY SOLUTIONS, LLC (COA 8/1/2008)

Posted on October 05, 2008
STEILBERG V. C2 FACILITY SOLUTIONS, LLC EMPLOYMENT LAW: Employee discrimination claim failed by claim of independent contractor 2007-CA-001500 PUBLISHED: AFFIRMING PANEL: COMBS PRESIDING; KELLER, HENRY CONCUR JEFFERSON COUNTY DATE RENDERED: 8/1/2008 Lucy Craig Steilberg appeals from a summary judgment and order of the Jefferson Circuit Court dismissing her claims against C2 Facility Solutions, LLC and Dale A...

UIM carrier not able to recover advance from liabilit insurer when tortfeasor goes bankrupt: AUTO OWNERS INS. CO. V. OMNI INDEMNITY CO. (COA 8/1/2008)

Posted on October 05, 2008
AUTO OWNERS INS. CO. V. OMNI INDEMNITY CO. INSURANCE: Underinsured (UIM) motorist benefits and "Coots" advance 2007-CA-001165 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; COMBS, KELLER CONCUR JEFFERSON COUNTY DATE RENDERED: 8/1/2008 The tort victim?s underinsured motorist carrier, Auto Owners Insurance Co...

ARBITRATION: Separation doctrine on fraud and enforceability of mandatory arbitration clause in contract not unconstitution and not violative of jural rights (which does not apply): DUTSCHKE V. JIM RUSSELL REALTORS, INC. (COA 8/1/2008)

Posted on October 05, 2008
DUTSCHKE V. JIM RUSSELL REALTORS, INC. ARBITRATION: Separation doctrine on fraud and enforceability of mandatory arbitration clause in contract; arbitration clause does not violate jural rights doctrine which does not apply to arbitration clauses; and clause does not violate right to jury trial 2007-CA-001146 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; KELLER CONCURS; COMBS CONCURS IN RESULT FILING SEP...

CRIMINAL: Defendant found to have no standing to challenge KRS 189A.010(2) constitutionality since not harmed by changes in law: VELTROP V. COM. (COA 8/1/2008)

Posted on October 05, 2008
VELTROP V. COM. CRIMINAL: DUI, standing 2007-CA-000385 PUBLISHED: AFFIRMING PANEL: BUCKINGHAM PRESIDING; MORE CONCURS; WINE CONCURS WITH SEP. OP. BARREN COUNTY DATE RENDERED: 8/1/2008 CA rejected Defendant's challenge to KRS 189A.010(2) as unconstitutional alleging it violated the separation of powers principle by unilaterally adopting amendments or additions to the Kentucky Rules of Evidence (KRE)...

FAMILY LAW: Guardianship Custody Between Non-parents: MCCARY V. MITCHELL (COA 8/1/2008)

Posted on October 05, 2008
MCCARY V. MITCHELL FAMILY LAW: Guardianship Custody Between Non-parents 2007-CA-000322 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; COMBS, ACREE CONCUR GRAVES COUNTY DATE RENDERED: 8/1/2008 The Mitchells, maternal aunt and uncle of B.E.M., petitioned the court to be appointed guardians and conservators of the estate of their niece...

Arbitration agreement found unenforceable when signed by person not having authority in nursing home admission and apparent authority nor heath care surrogacy rendered person with authority: MT. HOLLY NURSING CENTER V. CROWDUS (COA 7/25/2008)

Posted on October 05, 2008
MT. HOLLY NURSING CENTER, V. CROWDUS ARBITRATION: 2007-CA-001708 PUBLISHED: AFFIRMING PANEL: KELLER PRESIDING; COMBS, HENRY CONCUR JEFFERSON COUNTY DATE RENDERED: 7/25/2008 This case evolves around a mandatory arbitration agreement signed at the time of a nursing home admission, and the nursing home seeking to enforce that arbitration agreement for claims of negligence against the home by the resident...

CRIMINAL: Nondisclosed information by prosecutor deemed immaterial under facts; funding of eyewitness experts: SHEGOG VS. COMMONWEALTH (COA 7/25/2008)

Posted on October 05, 2008
SHEGOG VS. COMMONWEALTH CRIMINAL: RCr 11:42; expert funding 2007-CA-000680 PUBLISHED: AFFIRMING PANEL: ROSENBLUM PRESIDING; NICKELL, THOMPSON CONCUR CAMPBELL COUNTY DATE RENDERED: 7/25/2008; 9/18/2008 CA affirmed Circuit Court's denial of Defendant's RCr 11...

Arbitration agreement found unconscionable by containing waiver of substantial rights: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. ABNER (COA 7/25/2008)

Posted on October 05, 2008
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. ABNER ARBITRATION AGREEMENTS: Enforceability 2007-CA-000574 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; ACREE, TAYLOR CONCUR MADISON COUNTY DATE RENDERED: 7/25/2008 The trial court denied appellant's motion to compel arbitration finding the arbitration agreement to be unconscionable...

CRIMINAL: Plea agreements: JONES V. COMMONWEALTH (COA 7/25/2008)

Posted on October 05, 2008
JONES V. COMMONWEALTH CRIMINAL: Plea agreements 2007-CA-000235 PUBLISHED: AFFIRMING IN PART, REVERSING AND REMANDING IN PART PANEL: MOORE PRESIDING; COMBS, CAPERTON CONCUR LIVINGSTON COUNTY DATE RENDERED: 7/25/2008 Chris Jones appeals the Livingston Circuit Court?s judgment convicting him of flagrant non-support...

Appeals: Divestment of jurisdiction pending appeal: YOUNG v. RICHARDSON (COA 7/25/2008)

Posted on October 05, 2008
YOUNG V. RICHARDSON APPEALS: Divestment of jurisdiction pending appeal 2006-CA-002441 PUBLISHED: REVERSING AND REMANDING PANEL: HENRY PRESIDING; STUMBO, TAYLOR CONCUR MARION COUNTY DATE RENDERED: 7/25/2008; 10/2/2008 Very complicated case that boils down to one basic principle: two courts can't exercise jurisdiction over the same issue at the same time...

Criminal Trial and Prosecutorial Misconduct: GAINVES v. COM. (COA 7/25/2008)

Posted on October 05, 2008
GAINES V. COM. CRIMINAL: Prosecutorial misconduct 2006-CA-000861 PUBLISHED: AFFIRMING IN PART, VACATING IN PART AND REMANDING PANEL: THOMOPSON PRESIDING; CAPTERTON CONCURS AND LAMBERT DISSENTS BUT FILES SEP. OP. COUNTY: PENDLETON DATE RENDERED: 7/25/2008 CA affirmed Gaines' drug-related convictions but remanded for resentencing following prosecutor's "send a message" closing argument...

Minutes for Kentucky Court of Appeals for Oct. 3, 2008 (COA 2008:48)

Posted on October 04, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 29 rendered decisions - Numbered 1134-1162 with 4 published decisions (1142; 1145; 1147; 1148)

Minutes for Kentucky Court of Appeals for Sept. 26, 2008 (COA 2008:47)

Posted on October 04, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 31 rendered decisions - Numbered 1103-1133 with 5 published decisions (1103; 1113; 1124; 1128; 1133)

ARGUMENTS: Kentucky Court of Appeals will hear oral arguments Oct. 8 in Lexington

Posted on October 01, 2008
For Immediate Release Kentucky Court of Appeals will hear oral arguments Oct. 8 in Lexington Proceedings will be open to the public FRANKFORT, Ky., Sept. 30, 2008 - The Kentucky Court of Appeals will hear oral arguments in three cases Wednesday, Oct. 8, at the Robert F...

SCOKY Oct. 2008 Oral Argument Calendar (with links to the briefs added)

Posted on September 30, 2008
New Page 4 SUPREME COURT OF KENTUCKY ORAL ARGUMENT CALENDAR OCTOBER 2008 The AOC calendasr can be located here. The briefs are found at the Chase School of Law at NKU. WEDNESDAY, OCTOBER 15, 2008 9:00 a.m. CHAPPELL, ET AL., V. KUHLMAN ELECTRIC CORP. (2006-SC-140-DG) AND (CROSS-MOTION) KUHLMAN ELECTRIC CORP...

CRIMINAL: Probation revocation: LUCAS V. COMMONWEALTH (COA 7/18/2008)

Posted on September 29, 2008
LUCAS V. COMMONWEALTH CRIMINAL: Probation revocation 2007-CA-000321 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; CAPERTON, LAMBERT CONCUR HARDIN COUNTY DATE RENDERED: 7/18/2008 The trial court?s decision to revoke Lucas? probation was not an abuse of discretion...

CRIMINAL: Search and seizure; curtilage: PHILLIPS V. COMMONWEALTH (COA 7/18/2008)

Posted on September 29, 2008
PHILLIPS V. COMMONWEALTH CRIMINAL: Search and seizure; curtilage2006-CA-001230PUBLISHED: AFFIRMINGPANEL: LAMBERT PRESIDING; KELLER CONCURS; STUMBO DISSENTS BY SEP. OPINIONMASON COUNTYDATE RENDERED: 7/18/2008Steven Phillips appeals from a conviction of cultivation of marijuana, trafficking in marijuana, possession of drug paraphernalia, and possession of marijuana...

WORKERS COMPENSATION: Future Medical Treatment without permanent impairment: WHITE v. GREAT CLIPS (COA 7/18/2008)

Posted on September 29, 2008
WHITE v. GREAT CLIPS WORKERS COMPENSATION: Future Medical Treatment without permanent impairment 2007-CA-001855 PUBLISHED: AFFIRMING IN PART, VACATING IN PART, AND REMANDING PANEL: THOMPSON PRESIDING; TAYLOR, BUCKINGHAM CONCUR WORKERS COMPENSATION BOARD DATE RENDERED: 7/18/2008 The ALJ found that the claimant's upper and lower back injuries caused her no permaent impairment, but awarded future medical treatment for those conditions...

WORKERS COMPENSATION: Asbestosis and statute of limitations: AK STEEL CORP. v. POLLITT (COA 7/18/2008)

Posted on September 29, 2008
AK STEEL CORP. v. POLLITT WORKERS COMPENSATION: Asbestosis and statute of limitations 2007-CA-001698 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; NICKELL CONCURS, VANMETER DISSENTS AND FILES SEP. OPINION WORKERS COMPENSATION BOARD DATE RENDERED: 7/18/2008 Asbestosis and statute of limitations - The claimant last worked at AK Steel in 1992, where he was exposed to asbestos...

Fraud, consumer protection act and purchase of truck: KEETON v. LEXINGTON TRUCK SALES, INC. (COA 7/18/2008)

Posted on September 29, 2008
KEETON v. LEXINGTON TRUCK SALES, INC. TORTS: FRAUD, Consumer Protection Act 2007-CA-001576 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART AND REMANDING PANEL: ACREE PRESIDING; VANMETER, WINE CONCUR FAYETTE COUNTY DATE RENDERED: 7/18/2008 Keeton appeals the TC's entry of summary judgment for Lexington Truck Sales (LTS) on Keeton's numerous claims that included fraud, Kentucky Protection Act violations, Magnuson-Moss Warranty Act violations, and finally a violation of KRS 186A...

Ethics commission jurisdiction: LOUISVILLE/JEFFERSON COUNTY METRO ETHICS COMM. V. SCHARDEIN (COA 7/18/2008)

Posted on September 29, 2008
LOUISVILLE/JEFFERSON COUNTY METRO ETHICS COMM. V. SCHARDEIN GOVERNMENT: Ethics commission 2007-CA-001356 PUBLISHED: AFFIRMING PANEL: VANMETER PRESIDING; CLAYTON, KNOPF CONCUR JEFFERSON COUNTY DATE RENDERED: 7/18/2008 The issue presented is whether the Metropolitan Sewer District (MSD) is an agency of the urban county government, Louisville Metro...

Board of Claims Action tolled pr KRS 413.270: COMMONWEALTH V. DOUGLAS (COA 7/18/2008)

Posted on September 29, 2008
COMMONWEALTH v. DOUGLAS TORTS: BOARD OF CLAIM, Tolling the statute of limitations 2007-CA-000647 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; NICKELL, BUCKINGHAM CONCUR FAYETTE COUNTY DATE RENDERED: 7/18/2008 Medical negligence claims filed by the estate against UK Hospital and the Chandler Medical Center were dismissed by the circuit court as being barred by sovereign immunity...

Minutes for Kentucky Court of Appeals for Sept. 19, 2008 (COA 2008:46)

Posted on September 21, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 18 rendered decisions - Numbered 1085-1102 with 4 published decisions (1086; 1093; 1097; 1098)

Minutes for Kentucky Supreme Court for Sept. 18, 2008 (2008:45)

Posted on September 21, 2008
Click here for minutes at AOC with links to full text of each decision 23 rendered decisions: 181-203 7 published (181-187) 5 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.

Interpretation of Marital Settlement Agreement Re Life Insurance: DOWNS v. DOWNS (COA 7/11/2008)

Posted on September 16, 2008
DOWNS v. DOWNSFAMILY LAW: Interpretation of Marital Settlement Agreement Re Life Insurance2007-CA-000979PUBLISHED: AFFIRMINGPANEL: CLAYTON PRESIDING; VANMETER, KNOPF CONCURJEFFERSON COUNTYDATE RENDERED: 7/11/2008At TC, Adult Child argued that per terms of Marital Settlement Agreement between his biological parents, a constructive trust should be imposed on deceased Dad?s life insurance proceeds...

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