Kentucky

COA 2009 Minutes: August 14, 2009 (Nos. 788-817)

• 30 decisions
• 5 published 
  • 790
    
    L.(N.)  v. Commowealth
    
    LAMBERT, SENIOR JUDGE: N.L., a child under eighteen, appeals from an opinion and order of the Kenton Circuit Court that affirmed the Kenton District Court?s judgment that he was a juvenile sexual offender. This court granted N.L.?s motion for discretionary review. Upon review, we vacate and remand for further proceedings consistent with this opinion.
  • 791
    
    Welsh v. Com.
    
    NICKELL, JUDGE: Jeanne Anne Welsh (Welsh) appeals from the Scott Circuit Court?s award of summary judgment to her former employer, Phoenix Transportation Services, LLC (Phoenix), on a claim of wrongful discharge in violation of public policy and to Kevin B. Warren (Warren), the co-owner and president of Phoenix, on a claim of tortious interference with her employment. She also appeals from an opinion and order denying her motion to alter, amend or vacate the award of summary judgment to Phoenix and Warren. Welsh contends Phoenix and Warren fired her when she refused to engage in a tax fraud scheme as they had directed. Because Welsh did not establish that Phoenix and Warren had asked her to violate the law, or that she was terminated for her refusal to do so, we affirm.
  • 800
    
    Hamilton v. Com.
    
    MOORE, JUDGE: David Lamar Hamilton, IV, appeals from a jury verdict and judgment of the McCracken Circuit Court finding him guilty of wanton assault in the first degree and sentencing him to eleven years? imprisonment following the injury of his infant son. Because we conclude that the trial court erred in  permitting certain expert testimony and that error was not harmless, we reverse and remand for a new trial.
  • 804
    
    Thornton v. Office of Fayette County Attorney
    
    CLAYTON, JUDGE: Trudy P. Thornton (Thornton) appeals from the Fayette Circuit Court's March 17, 2008, summary judgment dismissing her claims against the Fayette County Attorney?s (FCA) Office. The trial court concluded, after reviewing the evidence in the light most favorable to Thornton, that she did not make a  prima facie case of retaliation under the Kentucky Whistleblower Act, and that therefore, her claim failed as a matter of law.
  • 813
    
    Hamilton v. Trans Union Settlement Solutions
    
    LAMBERT, SENIOR JUDGE: This appeal and cross-appeal are from the judgment and order of the Floyd Circuit Court granting Appellants recovery from Appellee in the sum of $37,299.42. For the reasons stated herein, we reverse and remand for further consistent proceedings.