Kentucky

COA Argument Calendar for January 2009

By Michael Stevens

Click HERE for this month's oral argument calendar at Court of Appeals.

Dates are Jan. 13, 21, and 25, 2010.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE:    Wednesday, January 13, 2010

10:00
BRENDA SHELL v DAVID A. HAGGARD
Appeal and cross-appeal from a jury verdict and judgment of the Fayette Circuit Court finding no liability in a personal injury action. Appellant argues that the circuit court erred by not permitting a ?negligence per se? jury instruction and by excluding certain evidence. Appellee seeks to affirm the judgment but argues on cross-appeal that he was entitled to a directed verdict.

10:45
STANFORD HEALTH & REHABILITATION CENTER v LUCILLE BROCK
Interlocutory appeal from an order of the Lincoln Circuit Court denying Appellant?s motion to compel arbitration in a nursing home negligence action. The circuit court concluded that the arbitration agreement in question was unenforceable because it was: (1) unconscionable; and (2) not executed by the applicable party or anyone authorized to act on his behalf.

11:30
SOLHEIM ROOFING, INC. v GRANGE MUTUAL CASUALTY COMPANY
Appeal from the Franklin Circuit Court?s entry of summary judgment against Appellant in an underinsured motorist (UIM) benefits insurance case. At issue is: (1) whether Appellant waived her right to receive UIM benefits by signing a general liability release issued to the underlying tortfeasor; and (2) whether Appellant met the requirements for coverage under the UIM policy.

1:30
ERNEST ABNEY v KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY
MOR appeal from grant of summary judgment in suit claiming release settling an automobile accident claim was improperly obtained. Issue is whether trial court erred in holding that there was no issue of fact about whether claims? adjuster falsely or recklessly stated that release was to one potential tortfeasor but not as to others. Additional claims include that insurance company negligently trained adjuster.

JAN. 21, 2010

1:45
CHARLES E. SMITH v COMMONWEALTH OF KENTUCKY
2008-CA-001340 ? whether appellant was deprived of a jury representing a fair cross section of the community; whether circuit court erred by admitting certain statements into evidence; whether circuit court erred in its jury instructions; 2008-CA-001374 ? whether appellant was deprived of a jury representing a fair cross section of the community; whether trial court erred by allowing trial to continue with 11 jurors; whether jury was incorrectly instructed on complicity.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY

DATE:    Monday, January 25, 2010

10:30
EDWARD JOSEPH MITCHELL III v COMMONWEALTH OF KENTUCKY
A father and son appeal the circuit court?s denial of their RCr 11.42 petitions for ineffective assistance of counsel. The Appellants argue that there existed an actual conflict of interest and that the absence of compliance with RCr 8.30 regarding dual representation constituted palpable error.

11:15
KENTUCKY FARM BUREAU INSURANCE v JOYCE & SONS INC.
Appellant appeals from summary judgment and argues that its personal property damages claim and its real property damages claim were improperly dismissed.

1:30
JESSE GARDNER v VISION MINING, INC.
Workers? Compensation appeal ? issue is constitutionality of KRS 342.216 and whether that statute violates equal protection rights of coal miners (miners injured by exposure to coal dust versus workers exposed to other particulates).

Full post as published by Kentucky Cases on January 12, 2010 (boomark / email).