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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

TORTS (defamation, condo association, appeals): Flint v. Stilger (COA 1/22/2010)

Posted on March 21, 2010
Flint v. Stilger 2009-CA-000475 01/22/2010 2010 WL 199566 Opinion by Judge Caperton; Judge Dixon and Senior Judge Henry concurred. The Court reversed and remanded a summary judgment entered in favor of appellee on appellant?s claim for defamation. The trial court found that statements made in response to appellant?s appeal for the Attorney General to prosecute a condominium association?s failure to comply with KRS 381...

TORTS (fiduciary duty, power of attorney): Caudill v. Salyersville National Bank (COA 1/8/2010)

Posted on March 21, 2010
Caudill v. Salyersville National Bank 2008-CA-000017 01/08/2010 2010 WL 45882 Opinion by Judge Thompson; Judges Caperton and Wine concurred. The Court affirmed a judgment of the circuit court granting a directed verdict to the appellee bank on a estate?s claim that the bank aided and assisted the deceased?s nephew, acting under the authority of a power of attorney and as an authorized signatory on the deceased?s personal checking account, to convert funds held by the Bank...

TORTS (wrongful termination): Brett v. Media General Operations, Inc. (COA 1/29/2010)

Posted on March 21, 2010
Brett v. Media General Operations, Inc. 2008-CA-000620 01/29/2010 2010 WL 323136 Opinion by Senior Judge Harris; Judges Lambert and VanMeter concurred. The court affirmed a summary judgment entered by the circuit court in favor of appellant?s former employer, a television station, and its general manager and an order awarding costs to the employer...

TORTS (general release; mutual mistake): Bobbitt v. Collins (COA 1/22/2010)

Posted on March 21, 2010
Bobbitt v. Collins 2007-CA-001422 01/22/2010 2010 WL 199308 Opinion by Judge Wine; Judges Stumbo and Thompson concurred. The Court reversed and remanded summary judgment orders dismissing personal injury claims arising from a multi-vehicle collision. The Court held that the trial court did not err in finding that the clear language of a general release discharged all the defendants...

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TORTS (medical negligence): Baxter v. AHS Samaritan Hospital, LLC (COA 1/15/2010)

Posted on March 21, 2010
Baxter v. AHS Samaritan Hospital, LLC 2008-CA-000541 01/15/2010 2010 WL 133796 Opinion by Judge Keller; Judge Acree concurred; Judge Caperton dissented in part by separate opinion. The Court affirmed a judgment of the circuit court dismissing a medical malpractice action after a jury found that a doctor was not negligent in failing to remove a surgical sponge following an appendectomy...

PROPERTY: Pendleton v. U.S. 60 Associates, LLC (COA 1/29/2010)

Posted on March 21, 2010
Pendleton v. U.S. 60 Associates, LLC 2008-CA-000744 01/29/2010 2010 WL 323143 Opinion by Judge Acree; Judge Lambert and Senior Judge Harris concurred. The Court affirmed a summary judgment in favor of appellees that ordered appellants to pay unpaid rent, unpaid property taxes and late fees for their failure to pay city and county property taxes as subtenants of commercial property...

WORKERS COMPENSATION: Quebecor Book Company v. Mikletich (COA 1/22/2010)

Posted on March 21, 2010
Quebecor Book Company v. Mikletich 2009-CA-001370 01/22/2010 2010 WL 199300 Opinion by Chief Judge Combs; Judge Taylor and Senior Judge Henry concurred. The Court affirmed a decision of the Workers? Compensation Board that affirmed an administrative law judge?s opinion and award of benefits to a worker for cumulative, work-related hearing loss...

WORKERS COMPENSATION: Kentucky Associated General Contractors Self-Insurance Fund v. Lowther (COA 1/29/2010)

Posted on March 21, 2010
Kentucky Associated General Contractors Self-Insurance Fund v. Lowther 2008-CA-002090 01/29/2010 2010 WL 323199 Opinion by Senior Judge Lambert; Chief Judge Combs concurred; Judge Moore dissented by separate opinion. The Court affirmed a judgment of the circuit court upholding a penalty imposed by the executive director of the Kentucky Office of Workers? Claims on an insurer and claims administrator for their failure to pay a claim...

WORKERS COMPENSATION: Jones v. Aerotek Staffing (COA 1/22/2010)

Posted on March 21, 2010
Jones v. Aerotek Staffing 2009-CA-001238 01/22/2010 2010 WL 254429 Opinion by Judge Keller; Judges Wine and Senior Judge Lambert concurred. The Court affirmed an opinion of the Workers? Compensation Board affirming an administrative law judge?s opinion and order that an employer was not liable for enhanced benefits under KRS 324...

WORKERS COMPENSATION: Damron v. Kentucky May Mining Company (COA 1/29/2010)(APPEALED AND DEPUBLISHED)

Posted on March 21, 2010
Damron v. Kentucky May Mining Company 2009-CA-000867 01/29/2010 2010 WL 335602 N/A Filed in S. Ct. THIS OPINION HAS BEEN APPEALED TO THE SUPREME COURT AND THEREFORE, IS NO LONGER LISTED AS PUBLISHED.

COA 2010 Minutes: March 19, 2010 (Nos. 271-301)

Posted on March 21, 2010
COA 2010 Minutes: March 19, 2010 (Nos. 271-301) 31 decisions 2 Published 19 orders dismissing appeal 2 orders denying petition for rehearing (1 Jeff.) 0 orders denying motion for discretionary review (MDR)(1 Jeff.) 1 orders denying petition for writ of prohibition (1 Jeff) 0 order granting petition for writ of prohibition 0 orders denying motion for belated appeal (1 Jeff) Workload watch - judges writing the opinions - Presiding Judge Acree 5 Buckingham 1 Caperton 3 Combs 0 Dixon 1 Henry 0 Keller 2 Knopf 1 Lambert 4 Moore 3 Nickell 2 Stumbo 0 Taylor 0 Thompson 2 Wine 5 Vanmeter 2 Published Decisions with digest and link to full text decision at AOC: 279 CRIMINAL LAW: Baker v...

INSURANCE (subrogation): Lynch v. Claims Management Corporation (COA 1/22/2010)

Posted on March 20, 2010
Lynch v. Claims Management Corporation 2007-CA-001840 01/22/2010 2010 WL 199343 Opinion by Judge Wine; Judges Clayton and Dixon concurred. The Court reversed and remanded a summary judgment in appellee?s favor on its intervening subrogation/reimbursement claim from settlement proceeds appellant received from his uninsured motorist carrier...

GOVERNMENT (whistleblower): Northern Kentucky Area Planning Commission v. Cloyd (COA 1/15/2010)

Posted on March 20, 2010
Northern Kentucky Area Planning Commission v. Cloyd 2008-CA-001104 01/15/2010 2010 WL 134592 Opinion by Judge Acree; Judge Lambert and Senior Judge Harris concurred. The Court affirmed in part and reversed in part orders of the circuit court denying motions for summary judgment on appellee?s claims that he was wrongfully discharged by his supervisor and the area planning commission in violation of Kentucky?s Whistleblower Act, KRS 61...

FAMILY LAW: Hunter v. Mena (COA 1/8/2010)

Posted on March 20, 2010
Hunter v. Mena 2009-CA-000494 01/08/2010 2010 WL 45919 Opinion by Judge Acree; Judges Keller and Lambert concurred. The Court affirmed in part and reversed in part and remanded a Domestic Violence Order. The Court first held that the family court erred in including a requirement in the DVO, entered pursuant to a petition by appellee, that appellant have no contact with his nephew...

FAMILY LAW (custody): Gertler v. Gertler (COA 1/15/2010)

Posted on March 20, 2010
Gertler v. Gertler 2008-CA-001367 01/15/2010 2010 WL 135101 Opinion by Judge Acree; Judge Lambert and Senior Judge Harris concurred. The Court affirmed a judgment of the circuit court classifying certain gifts to the parties in a dissolution action as marital property and awarding sole custody of the parties? children to their mother...

FAMILY LAW (termination of parental rights): Commonwealth, Cabinet for Health and Family Services v. D.G.R. (COA 1/22/2010)

Posted on March 20, 2010
Commonwealth, Cabinet for Health and Family Services v. D.G.R. 2009-CA-000745 01/22/2010 2010 WL 199576 Opinion by Judge Lambert; Judge VanMeter concurred; Senior Judge Henry dissented by separate opinion. The Court reversed an order of the circuit court denying a petition to terminate appellees? parental rights...

CRIMINAL LAW: Stone v. Commonwealth (COA 1/8/2010)

Posted on March 20, 2010
Stone v. Commonwealth 2008-CA-001424 01/08/2010 2010 WL 45885 Opinion by Judge Wine; Judge Stumbo concurred; Judge Thompson concurred in result by separate opinion. The Court affirmed appellant?s conviction and sentence for first-degree attempted unlawful transaction with a minor...

CRIMINAL PROCEDURE: Piercy v. Commonwealth (CO 1/29/2010)

Posted on March 20, 2010
Piercy v. Commonwealth 2008-CA-002068 01/29/2010 2010 WL 323196 Opinion by Judge Lambert; Judges Acree and Keller concurred. The Court affirmed a judgment of the circuit court entered after appellant entered a conditional guilty plea reserving the right to appeal the denial of a motion to suppress evidence...

CRIMINAL LAW: Peters v. Commonwealth (COA 1/8/2010)

Posted on March 20, 2010
Peters v. Commonwealth 2008-CA-001857 01/08/2010 2010 WL 45888 Opinion by Chief Judge Combs; Judge Taylor and Senior Judge Henry concurred. The Court reversed and remanded a writ of prohibition issued by the circuit court against the district court after the district court ordered the Commonwealth to produce an arresting officer for a pretrial conference...

CRIMINAL LAW: Commonwealth v. Lamberson (COA 1/15/2010)

Posted on March 20, 2010
Commonwealth v. Lamberson 2008-CA-000763 01/15/2010 2010 WL 134063 Opinion by Judge Nickell; Judge Acree and Senior Judge Knopf concurred. The Court reversed and remanded an order of the circuit court suppressing appellant?s prior conviction for operating a motor vehicle under the influence of intoxicants (DUI), first offense, to enhance a later charge of DUI, fourth offense...

CRIMINAL LAW (probation revocation): Barker v. Commonwealth (COA 1/22/2010)

Posted on March 20, 2010
Barker v. Commonwealth 2008-CA-001312 01/22/2010 2010 WL 199413 Opinion by Judge VanMeter; Judge Nickell concurred by separate opinion; Senior Judge Lambert dissented by separate opinion. The Court affirmed an order of the circuit court revoking appellant?s probation after appellant incurred assault charges while on probation, in violation of a condition that he not commit another offense...

CORPORATIONS (fraud, duties): Bear, Inc. v. Smith (COA 1/22/2010)

Posted on March 20, 2010
Bear, Inc. v. Smith 2008-CA-001556 01/22/2010 2010 WL 199416 Opinion by Judge Moore; Judges Keller and Taylor concurred. The Court affirmed in part, reversed in part, and remanded a summary judgment of the circuit court dismissing the appellant corporation?s action to collect unpaid fuel charges from appellees, a sole corporate shareholder and an unrelated company organized by the shareholder?s son...

CONTRACTS (bank, deficiency judgment, covenant of good faith and fair dealing): Harvest Homebuilders LLC v. Commonwealth Bank and Trust Company (COA 1/29/2010)

Posted on March 20, 2010
Harvest Homebuilders LLC v. Commonwealth Bank and Trust Company 2008-CA-001897 01/29/2010 2010 WL 323186 Opinion by Judge Taylor; Chief Judge Combs and Senior Judge Henry concurred. The Court affirmed a judgment of the circuit court awarding the appellee bank a deficiency judgment against appellants...

CIVIL PROCEDURE (writ of prohibition, UTMA accounting): Peter v. Schultz-Gibson (C0A 1/29/2010)

Posted on March 20, 2010
Peter v. Schultz-Gibson 2009-CA-001151 01/29/2010 2010 WL 323076 Opinion and order by Senior Judge Knopf; Judges Keller and Stumbo concurred. The Court denied a petition for a writ of prohibition wherein petitioner argued that the circuit court acted outside of its jurisdiction by maintaining jurisdiction of a complaint brought seeking an accounting as to funds originally held by petitioner under Kentucky?s Uniform Transfers to Minors Act (UTMA)...

ADMINISTRATIVE/REGULATORY LAW: Commonwealth, Energy and Environmental Cabinet v. Spurlock (COA 1/22/2010)

Posted on March 20, 2010
Commonwealth, Energy and Environmental Cabinet v. Spurlock 2008-CA-001184 01/22/2010 2010 WL 199411 Opinion by Judge Thompson; Judges Caperton and Wine concurred. The Court reversed and remanded orders of the circuit court declaring that the Energy and Environmental Cabinet?s final orders entered against appellee, based on his failure to respond to the Cabinet?s orders, were void...

WILLS (residuum, intestacy, charitable designation): Mackey v. Hinson (COA 12/4/2009)

Posted on March 20, 2010
Mackey v. Hinson 2008-CA-002328 12/04/2009 2009 WL 4406090 DR Pending Opinion by Judge Lambert; Judge Taylor and Senior Judge Henry concurred. The Court affirmed a summary judgment finding a will to be unambiguous and distributing undesignated residuum to four charities...

TORTS (discrimination): Murray v. Eastern Kentucky University (COA 12/11/2009)

Posted on March 20, 2010
Murray v. Eastern Kentucky University 2008-CA-000561 12/11/2009 2009 WL 4722760 Opinion by Judge Acree; Judge Lambert and Senior Judge Harris concurred. The Court affirmed a summary judgment of the circuit court dismissing appellant?s claims of gender and disability discrimination against a Kentucky university...

TORTS (waterways, directed verdict, cause of action): Kelley v. Poore (COA 12/18/2009)

Posted on March 20, 2010
Kelley v. Poore 2008-CA-002409 12/18/2009 2009 WL 4877707 Opinion by Chief Judge Combs; Judge Moore and Senior Judge Lambert concurred. The Court affirmed a jury verdict and judgment dismissing appellant?s personal injury claim, which was filed following a collision between appellee?s fishing boat and a personal watercraft operated by appellant...

FAMILY LAW (custody, jurisdiction, out of state): Walsh-Stender v. Walsh (COA 12/30/2009)

Posted on March 20, 2010
Walsh-Stender v. Walsh 2009-CA-000117 12/30/2009 2009 WL 5125019 Opinion by Senior Judge Harris; Judges Lambert and VanMeter concurred. The Court vacated family court orders entered related to a motion to modify custody. The Court held that the family court lacked jurisdiction to consider the matter...

FAMILY LAW (grandparents, custody): Leach v. Harrison (COA 12/11/2009)

Posted on March 20, 2010
Leach v. Harrison 2009-CA-000622 12/11/2009 2009 WL 4723245 Opinion by Judge Wine; Judge Nickell and Senior Judge Harris concurred. The Court vacated and remanded an order of the circuit court granting permanent sole custody of appellant?s minor children to the children?s maternal grandparents...

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