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Discretionary Review Grants by SCOKY for Dec. 2007

By Michael Stevens

Ten motions for discretionary review were granted in December.

Greg Beaver v. Kevin Oakley. 2005CA001471.
http://162.114.92.72/COA/2005-CA-001471.pdf

COA held trial court erroneously granted summary judgment in favor of employer finding he was not entitled to the up the ladder defense under the exclusive remedy provisions under KRS 342.690(1) regarding workers compensation claims.

Richard T. Davis v. Peggy Hensley.  2005CA001785.
http://162.114.92.72/COA/2005-CA-001785.pdf

COA excluded government employees from protection of “up the ladder” defense.

Ky. Cabinet for Health and Family Services v. T.G., A Mother.

2006CA001008.
http://162.114.92.72/COA/2006-CA-001008.pdf

COA held family court abused its discretion in terminating parental rights of minor and placing minor up for adoption.

Shannon Gibson v. Com. Of Kentucy.  2006CA001147.
http://162.114.92.72/COA/2006-CA-001147.pdf

COA affirmed trial court’s refusal to issue dismissal of indictment with prejudice, finding no abuse of discretion.

David Morrow v. Com. Of Kentucky.  2005CA001645.
http://162.114.92.72/COA/2005-CA-001645.pdf

COA held that the hearing officer in disability retirement claim should have considered the cumulative effects of a disability claimant's ailments in assessing eligibility for benefits.

Board of Trustees of Kentucky Retirement Systems v. Carolyn Ledford.  2006CA001808.
http://162.114.92.72/COA/2006-CA-001808.pdf

COA found that the hearing officer in disability retirement claim ignored objective medical evidence from claimant's treating physicians and 'cherry picked' from the evidence.

Ashland Oil, Inc. v. Woodie Cantrell.  2003CA001784.
http://162.114.92.72/COA/2003-CA-001784.pdf

COA found among other issues in affirming the lower court judgment that the Cantrells timely brought their claims alleging that Ashland's oil-production activities contaminated their properties and that Ashland's negligence caused the contamination, but they failed to prove that the above-background levels of the contamination were caused any actual and present injury to their properties. Consequently, the trial court acted within its discretion by excluding testimony which was not probative of this issue. 

Johnson Controls v. Ky. Finance and Administration Cabinet.  2004CA001566.
http://162.114.92.72/COA/2004-CA-001566.pdf

COA reversed the circuit court and held that the retroactivity period created by H.B. 541 which nullified income tax overpayment claims exceeded the constitutional limits and violates Appellants' due process rights.

Debra Ireland v. Jonathan Hodes, M.D.  2005CA002095.
http://162.114.92.72/COA/2005-CA-002095.pdf.

COA found trial court committed error in medical negligence case by allowing defendant to impeach plaintiff's expert with evidence that the expert doctor had lost his medical license and details surrounding the surrendering of that license.

COA affirmed conviction finding no error in trial court's failure to give entrapment instruction and a “mere presence” instruction and no error in denial of defendant's request for a directed verdict.

Kentucky Retirement Systems v. Sandra Bowens.  2006CA000941.
http://162.114.92.72/COA/2006-CA-000941.pdf

Full post as published by Kentucky Cases on February 17, 2008 (boomark / email).