NEWS: Legal News You Can Use – May 25, 2015

State senator acquitted of DUI; More on the bourbon theft; Heleringer's Top Ten Best SCOTUS decisions; $12.8 million Walmart Verdict; $5 million TARC verdict

 

Kentucky Senator Smith acquitted of DUI charge, convicted of speeding

Smith was ordered to pay a $40 fine and court costs because of the speeding charge. Smith’s license, which had been taken away because he did not take a breathalyzer test, will be returned with the not guilty verdict on the DUI charge. It took the jury about 10 minutes to acquit Smith, who was arrested on the very first day of the 2015 legislative session.

Several defendants in Central Ky. bourbon-theft, steroid-trafficking ring plead not guilty

http://www.courier-journal.com/story/life/food/spirits/bourbon/2015/05/22/bourbon-case-plead-guilty-steroid-charge/27771747/FRANKFORT, Ky. – The attorney for the alleged ringleader of a bourbon theft and steroid trafficking ring questioned Friday whether her client Gilbert “Toby” Curtsinger can get a fair trial with the attention the case is getting.

Curtsinger pleaded not guilty Friday to Kentucky’s equivalent of racketeering — engaging in organized crime — during a Franklin Circuit Court hearing where his attorney Whitney Lawson said she has “grave concerns” whether impartial jurors can be found. The case has been featured in publications such as The Wall Street Journal and The Washington Post.  Curtsinger was one of five defendants in the bourbon theft ring case in court Friday for arraignment.

Heleringer | Another Supreme Court top 10 list

http://www.courier-journal.com/story/opinion/columnists/2015/05/19/heleringer-another-supreme-court-top-list/27576259/Bob Heleringer Columnist(Photo: Beth Smith)

While awaiting the U.S. Supreme Court’s momentous decision in Kentucky’s same-sex marriage case (Bourke v. Beshear) — some with trepidation, others with guarded optimism – I profiled in my last column the high court’s top ten worst decisions, as determined by a semi-distinguished panel of legal scholars: me, myself, and I. As promised, here are the consensus top ten best Supreme Court decisions of all time according to the same panel.

10. Helvering v. Davis (1937): the older I get, the better this case looks. The court upheld, 7-2, the constitutionality of the Social Security Act as not violative of the Tenth Amendment, the catch-all amendment in our Bill of Rights that reserves to the states any authority not delegated to the federal government by our Constitution. In layman’s terms, at the height of the Great Depression, at least seven justices said they weren’t going to find a reason in the Constitution to strike down legislation that promised America’s older citizens their government wasn’t going to allow them to starve to death in their last years.   Read more…..

 

Some older posts I missed:

Man who lost leg wins lawsuit against Walmart

A Kentucky jury has returned a $12.8 million verdict against Walmart for installing a mismatched tire on a truck that ran over a construction worker, rendering him a quadriplegic and forcing the amputation of one of his legs. The verdict of $12,797,990 for Shaun Joseph included $7.5 million for pain and suffering. Joseph, then 29, was standing on the side of the road in Paintsville on Dec. 1, 2010, when he was struck by a truck driven by Nicola Liebsch, who was taking her daughter to the library, according to the report.

 

Man hit by TARC bus awarded nearly $5 million by jury

A jury has awarded nearly $5 million to a courier for a Louisville law firm who suffered a traumatic brain injury when he was hit by a TARC bus.
After a nine-day trial and nearly four hours of deliberations, the Jefferson Circuit Court jury awarded $4,951,073 to Adam Bibelhauser, who alleged he was in a crosswalk at Fourth and Market streets on Sept. 8, 2008, when he was struck.
Bibelhauser, then 27, worked full time for Stites & Harbison and was pursuing a master’s degree from the University of Louisville. His attorneys, Doug Farnsley and Julie McDonnell, who practice at Stites, said he was unable to complete his degree.

 

COA: May 22, 2015 Court of Appeals Decisions (Minutes) (416-445; 30 decisions; 4 published)

Sale of delinquent tax certificates; defamation claim dismissed; controverting presentencing investigation; Trinity and up the ladder; conservator sued; another slip and fall at school facility and qualified official immunity defense

Appeals dismissed for untimely filing.

Appeal dismissed for untimely filing.

The Kentucky Court of Appeals announced 30 decisions  on May 22, 2015, with four (4) of their opinions designated to be published.

Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.

Click here for all of a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).  AOC version of this week’s decisions can be accessed by clicking here.

For the complete set of this week’s minutes listed all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below the digested summaries of this week’s published cases.

Of interest to injury lawyers, are the nonpublished decisions with the Court of Appeals seemingly ignoring Three Rivers, Shelton and other slip and falls cases attempting to lay to rest the open and obvious doctrine.

Published appellate cases for week of May 15, 2015:

417.  Sale of Delinquent Tax Certificates
Farmers National Bank vs. Commonwealth of Kentucky 
COA Published 5/22/2015; Affirming (Franklin)

418.  Criminal Law.  Probation revocation.
Euriea Perry vs.  Commonwealth of Kentucky 
COA Published 5/22/2015 Reversing and remanding (Wayne)

421.  Affirmed summary judgment dismissing claims of defamation; qualified privilege
Lynora Fortney vs. Oralia Guzman
COA Published 5/22/2015 Affirming (Jefferson)

428. Criminal Law. Sentencing.  trial judge should have allowed defendant to controvert alleged errors in presentencing investigation report
Lee Stewart vs. Commonwealth of Kentucky 
COA Pub 5/22/2015; Reversing and remanding (Kenton)

Selected Tort, insurance, civil decisions:   The following decisions might be of interests to attorneys practicing injury and accident law, as well as insurance defense, 

420.  Workers Compensation and Up the Ladder
Christoper Sanders vs. FLIK Independent Schools
COA Not Pub, 5/22/2015;  Affirming (Jefferson)

427.  Interference with contractual relationship, intimidating a witness, defamation
Russell Williams vs. Seven Counties Services
COA Not Pub 5/22/2015; Affirming in part, reversing in part, and remanding (Jefferson)

434,  Suit against conservator
Michael Walden vs. German American Financial Advisors and Trust Co.
COA Not pub 5/22/2015;  Affirming (Henderson)

437.  Qualified official immunity and school facilities; slip and fall
Tom Arnzen vs Stephanie Smith
COA Not Pub 5/22/2015; Reversing and remanding   (Kenton)

439.  Appeal dismissed, not timely filed
Ashley Reid vs. Pilgrim’s Price Corporation
COA Not Pub 5/22/2015; Dismissing (Graves)

Download (MNT05222015.pdf, PDF, Unknown)

Case Note: Garden Glen Farm vs. Bethany Taylor Balderas SC Published 5/14/2015

Workers Comp: An employer can’t receive credit for the full amount of a lump-sum workers compensation settlement to lower the amount of benefits due to a former employee whose case was reopened

48.  Workers Compensation, Reopened claim.
Garden Glen Farm vs. Bethany Taylor Balderas
SC Published 5/14/2015; Affirming COA
Questions Presented: Workers Compensation. Reopened Claim. When a settled claim is reopened, the monetary value of the original negotiated settlement may not reflect the claimant’s actual disability. The change in occupational disability should be calculated as the difference between the actual disability on the date of the settlement, as found by the ALJ, and the occupational disability at the time of reopening.

Earlier cash settlement doesn’t reduce workers comp benefits | Business Insurance An employer cant receive credit for the full amount of a lump-sum workers compensation settlement to lower the amount of benefits due to a former employee whose case was reopened, the Kentucky Supreme Court has ruled. Court records show that she was injured in November 2006 when a horse she was riding fell and rolled over her. She later negotiated a lump-sum workers comp settlement of $100,000, based partly on a disability impairment rating of 29%.

When “a settled claim is reopened, the monetary value of the original negotiated settlement may not reflect the claimant’s actual disability,” the ruling reads. “The change in occupational disability should be calculated as the difference between the actual disability on the date of the settlement, as found by the (administrative law judge), and the occupational disability at the time of reopening.”  From http://www.businessinsurance.com/

Appellant, Gardens Glen Farm, filed this appeal from a Court of Appeals decision to contest the Administrative Law Judge’s (“ALJ”) calculation of a credit for money paid to Appellee, Bethany Balderas, pursuant to a settlement. Gardens Glen argues that the ALJ erred by refusing to give it a dollar for dollar credit based on the lump sum settlement it entered into with Balderas. For the below stated reasons, we affirm the Court of Appeals. Balderas was injured when a horse she was exercising at Gardens Glen rolled over on her. Balderas sustained two fractured vertebra and underwent fusion surgery. She later returned to work. Balderas negotiated a lump sum settlement of $100,000 with Gardens Glen, which reflected a 29% impairment rating and a return to work factor of 1.5509453.

Balderas was injured when a horse she was exercising at Gardens Glen rolled over on her. Balderas sustained two fractured vertebra and underwent fusion surgery. She later returned to work. Balderas negotiated a lump sum settlement of $100,000 with Gardens Glen, which reflected a 29% impairment rating and a return to work factor of 1.5509453. Several years later, Balderas filed a motion to reopen alleging a worsening of her occupational disability. The motion was sustained. The ALT determined that Balderas met her burden of proof to show a worsening of her condition based on objective medical evidence. The ALJ found that the proper return to work factor at the time of the original award was one. She then found that Balderas’s whole body impairment at the time of her settlement was 29% and that it rose to 30% at the time of reopening. The ALJ also found that Balderas was entitled to the three multiplier, pursuant to KRS 342.730(1)(c), on reopening because she was no longer able to work as an exercise rider.

In this matter, the AU did not err in calculating the credit owed to Gardens Glen. The ALJ found that the rating used for the original settlement award, 29% whole body impairment, was an accurate reflection of Balderas’s original occupational disability. She also determined that the return to work factor at the time of the original award should be one instead of the 1.5509543 used in the settlement. The ALJ’s findings are supported by the record and indicate a credit for Gardens Glen of $180.42 per week. The AU then did not abuse her discretion by finding that Balderas’s whole body impairment on reopening rose to 30%. Taking the difference between the amount Balderas was entitled to on reopening ($456.25) and subtracting it from the value of her original award ($180.42), then factoring in the 99% cap, lead to an increase in her benefits of $275.83 per week. The ALJ did not abuse her discretion in so finding. For the above stated reasons, we affirm the decision of the Court of Appeals. All sitting. All concur.

Full text follows:

SC: May 14, 2015 Supreme Court of Ky Decisions (Minutes 44-65)

22 decisions; 14 published; 5 attorney disciplinary decisions published; and 5 motions for discretionary review (MDRs) granted

Supreme Court of Kentucky announced 22 decisions on May 14, 2015, with 14 Kentucky Supreme Court opinions designated for publication; 5 attorney/judicial ethics and disciplinary matters were announced;  and 5 motions for discretionary review were granted.

Click here for a list of all our posts on Supreme Court of Kentucky decisions posted east month as minutes.    Click here for a link to archived list of minutes posted at the Administrative Office of the Courts official web site.

Here is the PDF with links to all of the decisions (published and not published), as well as the disciplinary decisions.

Selected published decisions:

47.  Workers Compensation
City of Ashland vs. Taylor Stumbo, SC, Published, 5/14/2015,  Affirming
Questions Presented: Workers’ Compensation. Permanent Total Disability. Remanded to Administrative Law Judge for analysis mandated by KRS 342.0011(11). Five-step analysis to be performed by an Administrative Law Judge in order to determine whether a claimant is totally disabled is set out in the opinion.

48.  Workers Compensation, Reopened claim.
Garden Glen Farm vs. Bethany Taylor Balderas
SC Published 5/14/2015; Affirming COA
Questions Presented: Workers Compensation. Reopened Claim. When a settled claim is reopened, the monetary value of the original negotiated settlement may not reflect the claimant’s actual disability. The change in occupational disability should be calculated as the difference between the actual disability on the date of the settlement, as found by the ALJ, and the occupational disability at the time of reopening.

55.  Sovereign Immunity
Coppage Construction Co. Inc.  vs. Sanitation District No. 1
SC Published 5/14/2015; Reversing Vacating & Remanding, Kenton County
Questions Presented: Sovereign Immunity. Issues include whether sanitary sewer districts are entitled to sovereign immunity.

Selected tort decisions (published and not published):

See, No. 55 above.

65.  Disability, obesity
Wagner’s Pharmacy, Inc. vs. Melissa K. Pennington
SC, Not Published; Reversing (Jefferson County)

Appellee, Melissa K. Pennington, alleged that Appellant, Wagner’s Pharmacy, discriminated against her by terminating her employment due to her morbid obesity. The trial court determined that the testimony of Pennington’s medical expert failed to establish a physiological cause for her obesity and granted Wagner’s motion for summary judgment. The Court of Appeals concluded that Pennington had established a prima facie case of disability discrimination, vacated the trial court’s order of summary judgment and remanded for further proceedings. This Court granted discretionary review to consider whether a physician’s testimony about the cause of morbid obesity in general – not specific to the plaintiff – is sufficient to establish a prima facie case of disability discrimination under the Kentucky Civil Rights Act. We conclude it is not. Accordingly, we reverse the decision of the Court of Appeals and reinstate the trial court’s order of summary judgment.

Here are the complete set of minutes for this week with links to full text of each decision and disciplinary matter.

Download (MNT052015.pdf, PDF, Unknown)

Case Notes: Masterson vs. Siemens Industry, Inc., COA NPO 10/31/2014

An interesting read on the complexity of multiple issues and need to keep on your toes in a car accident case with issues involving causation, pre-existing, burdens, expert testimony, laying foundation for medical bills, vicarious liability, burdens, and more.

Masterson vs. Siemens Industry, Inc.
COA Not Published 10/31/2014; Affirming in part, reversing in part (Jefferson County, J. McDonald)

In this nonpublished decision by the Kentucky Court of Appeals, a multitude of issues were addressed within the context of a motor vehicle collision personal injury claim. We had a defense expert versus a treating physician,  introduction and proof of the medical bills, causation and pre-existing conditions, vicarious liability,  motion for a new trial and the application of an affirmative defense the sudden emergency doctrine.

Case Notes: The Helm Company LLC vs. Humana Insurance Company Of Kentucky (COA, NPO, 9/26/2014)

Deposition transcript copies and costs associated with an "expedited" transcript are NOT reimbursable court costs

THE HELM COMPANY LLC VS. HUMANA INSURANCE COMPANY OF KENTUCKY
COA NPO. Opinion by Judge Moore Affirming Jefferson Cir Ct decision  9/26/2014

Reimbursable court costs to prevailing party does not in cost of copies of deposition transcripts;  nor does it include costs of “expedited transcripts” as an extraordinary service that can be ordered by the court

Kentucky Legal News You Can Use – May 17, 2015

Voter resources link; Attorney Deters suspended; No reverse bad faith in Kentucky so says 6th Circuit; Norton Healthcare loses part of man's brain sued

 

KY Primary 2015: Voter resources: Are you ready for Tuesday’s Kentucky Primary? – Story

Voters in the Bluegrass state will head to the polls Tuesday for the 2015 primary elections cycle and decidewhich of the candidates will step into several high-level state offices. The replacement will serve out the rest of his term, which ends in 2020. Tuesday’s primaries follow the emergency passage earlier this month of a new state regulation banning electioneering within 100 feet of polling places.

 

Kentucky Supreme Court suspends Eric Deters again

http://www.cincinnati.com/story/news/2015/05/15/kentucky-supreme-court-suspends-eric-deters/27366357/Kentucky’s high court suspended Deters for 60 days, 30 days each for ethical violations in two cases dating back years. That led to a guilty finding against Deters. He was ordered to pay $29,381 to the opposing parties’ attorneys.

 

Sixth Circuit refuses to create a cause of action for reverse bad faith – Lexology

In an opinion handed down last week, the Sixth Circuit Court of Appeals refused to adopt a new cause of action under Kentucky law for a reverse bad faith claim by an insurer against its insured where the Kentucky Supreme Court had not previously done so in State Auto Prop. & Cas. Ins. Co. v. Hargis, — F.3d – (6th Cir., May 6, 2015). The Sixth Circuit further refused to certify the question to the Kentucky Supreme Court for review. Slip Op. at *4-5.

The Evolving Duty of Trustee Communication with Beneficiaries | The National Law Review

Trustee communications with beneficiaries have followed an interesting legal path in Kentucky. The original Kentucky statute regarding communication with the beneficiaries required that the trustee must keep the beneficiaries reasonably informed about trust activities. This statute, KRS 386.715, did not make a distinction between revocable and irrevocable trusts. The traditional presumption is that a settlor may change a revocable trust at will, and thus the trustee of a revocable trust did not have a duty to notify beneficiaries of trust status, as the identity of the beneficiaries could potentially be in flux.

The Kentucky Supreme Court came to the opposite conclusion in the 2009 case of JP Morgan Chase Bank, N.A., v. Longmeyer, however. The court in that case noted it was hamstrung by the lack of an explicit distinction between revocable and irrevocable trusts under Kentucky trust law, stating that the statutory duty of a trustee to inform beneficiaries knows no distinction between the two types of trusts. The court then hinted that it is “the legislature’s task to amend the statutes, not this Court’s role to re-write them.”  read more…..

Ky.’s high court vacates student’s drug conviction – WTVQ

http://www.wtvq.com/story/d/story/kys-high-court-vacates-students-drug-conviction/27618/KxuoezZzSE2LBaxMXKWreg(WTVQ) – Nearly five years ago, three police officers entered a University of Kentucky fraternity and arrested a student for possession and trafficking marijuana.

On Thursday, Kentucky’s Supreme Court said the officers weren’t allowed in the house in the first place.

It was an unlawful entry, according to the Supreme Court brief published Thursday.

Police never had permission to enter the Delta Tau Delta fraternity near UK’s campus and then search the then sophomore’s room.It was during the 2010 fall semester and detectives were investigating a tip that UK student David Milam was selling marijuana.According to the Supreme Court brief, police went to the fraternity house and went inside a door that officers said was open.

 

Norton Healthcare lost piece of patient’s brain, suit says

Fred Habermel, 72, said that on July 11, 2014, he underwent surgery at Norton Cancer Institute to extract brain tissue to be used to develop a vaccine that in turn would be injected into his head in an experimental procedure to fight a brain tumor. The suit says Habermel was diagnosed in October 2013 with a glioblastoma brain tumor, which are highly malignant, according to the American Brain Tumor Association. The next month he underwent brain surgery for the first time, to remove a portion of the tumor, and the operation was followed by about 30 rounds of radiation.

But according to the suit, several weeks later a Norton physician, Dr. Ali Choucair, called to tell Habermel and his wife, Dru, they needed to come to his office as quickly as possible.

The suit says he told them Norton “employees, agents or servants” had lost the brain tissue.

That meant Habermel could not receive the experimental treatment, according to the suit, filed May 12 in Jefferson Circuit Court against Norton Hospitals, Norton Healthcare and the cancer institute at 234 E. Gray St.

Although Habermel has survived nearly a year since the surgery, attorney Gary Weiss, who filed the complaint on behalf of Habermel and his wife, said his prognosis is grim.

But there was one silver lining, Weiss said: The hospital told them they wouldn’t have to pay for the second surgery.

SC: April 2, 2015 Supreme Court of Ky Decisions (Minutes 27-43):

17 decisions; 9 published; 13 attorney disciplinary decisions published; and 7 motions for discretionary review granted

View of Old State Capital from St. Claire Street, Frankfort, Kentucky.

View of Old State Capital from St. Claire Street, Frankfort, Kentucky.

Supreme Court of Kentucky announced 17 decisions on  April 2, 2015, with 9 Kentucky Supreme Court opinions designated for publication; 7 attorney/judicial ethics and disciplinary matters were announced;  and 7 motions for discretionary review were granted.  There were no minutes published in March 2015.

Here is the PDF with links to all of the decisions (published and not published), as well as the disciplinary decisions.

Tort decision of note:

32.  Bonita Beaumont vs. Muluken Zeru
SC, Published, Opinion by Justice Keller, Reversing and remanding

Questions Presented:

Motor Vehicle Insurance. Statute of Limitations. KRS 304.39-230(6). Issues involve the date of the last basic reparation payment when the last check as reported by the basic reparations obligor to the plaintiff actually was a replacement check for one previously lost by a different payee.

We recognize Zeru’s arguments that: (1) timing payment to anything other than the insurer’s PIP log will wreak havoc and make it necessary for parties to invade the banking records of insurers and providers; (2) he should be able to rely on statements by Beaumont’s insurer that her PIP benefits were exhausted in August 2009; (3) he should not be disadvantaged because Beaumont’s insurer made an error; and (4) stare decisis requires us to follow the opinions of the Court of Appeals. We address each in turn.

Our holding does tie payment to the PIP log and does not necessitate the invasion of bank records by either party. It simply recognizes the reality that a check that is not presented and ultimately honored does not represent payment.

Download (MNT042015.pdf, PDF, Unknown)

 

COA: May 15, 2015 Court of Appeals Decisions (Minutes) (382-415; 54 decisions; 7 published)

Tort issues include qualified official immunity; enforcement of workers compensation settlement agreement; affirmed dismissal of assault charges in bar; Board of Claims award for negligent signage affirmed; Ping and POA beyond authority to enter binding arbitration agreement

2015.05.Taylor County JC 2014-01-15 13.04.29 HDR

Taylor County Judicial Center. Photo by Michael Stevens using iPad and HDR photo option.

The Kentucky Court of Appeals announced 54 decisions  on May 15, 2015, with seven (7) of their opinions designated to be published.

Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.

Click here for all of a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).  AOC version of this week’s decisions can be accessed by clicking here.

For the complete set of this week’s minutes listed all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below the digested summaries of this week’s published cases.

Of interest to injury lawyers, are the nonpublished decisions with the Court of Appeals seemingly ignoring Three Rivers, Shelton and other slip and falls cases attempting to lay to rest the open and obvious doctrine.

Published appellate cases for week of May 15, 2015:

382. Qualified official immunity not a defense to custodian responsible for removing snow and ice from school sidewalks when not done
Marian Mucker vs. Eulene Brown
Published COA 5/15/2015; Affirming Jefferson Cir Ct
THOMPSON, JUDGE: The matter is before us on remand from the Kentucky Supreme Court. Our Supreme Court vacated this Court’s opinion rendered on June 7, 2013, and directed that we consider the issue of qualified official immunity in light of its decisions in Marson v. Thomason, 438 S.W.3d 292 (Ky. 2014). We have done so and conclude that qualified official immunity does not apply to the claims asserted against Marian Mucker, in her individual capacity as an employee of the Jefferson County Board of Education, and affirm an order of the Jefferson Circuit Court denying her motion for summary judgment.

Clearing the snow and ice was the act Mucker was required to perform at the school facilities and was ministerial. Whether she performed that act unreasonably is a question properly to be resolved by the jury. As our Supreme Court emphasized in Marson, the focus of the inquiry is on the act itself. “If we do not focus on the act, we risk limiting ministerial acts to almost nothing except those acts that are directly compelled by an order or rule.” Marson, 438 S.W.3d at 302. The rule that “an act can be ministerial even though it has a component of discretion” would be undermined. Id.

Because we conclude that Mucker’s duties were ministerial in nature, we do not need to determine whether she acted in good faith. Bryant v. Pulaski County Detention Center, 330 S.W.3d 461, 466 (Ky. 2011). Mucker is not entitled to qualified official immunity.

388.  Medicaid Managed Care Contract and provision of certain services
Kentucky Spirit Health Plan, Inc.  vs. Commonwealth of Kentucky 
COA Published 5/17/2015; Affirming, Franklin County

389.  Eminent Domain Act, Condemnation
Commonwealth of Kentucky  vs. Bryan G. Guess
COA Published 5/17/2015; Vacating and remanding; Crittendon County

394.  Priority of creditors on promissory note and value of an equitable lien created by stock purchase agreements.  Affirming
Fifth Third Bank vs. Ann Simms Rogers
COA Pub 5/17/2015;  Affirming; Marion County
The award of summary judgment in Estate’s favor and the award of judgment against Bank in the amount of $256,912.00 are affirmed.

396.  Criminal Law, Procedure
Sean Adams vs Commonwealth of Kentucky
COA Pub 5/17/2015;  Affirming conviction;  Madison

412.  Family Law
Troy Hudson vs. Ashley Cole
COA Pub 5/17/2015;  Affirming  ; Campbell County

414.  Workers Compensation, Enforcement of Settlement Agreement Affirmed
Cross Maintenance LLC vs. Mark Riddle
COA Pub 5/17/2015;  Affirming Workers Compensation

Tort Report – Insurance, Civil, Tort Decisions – 5/15/2015

382. Qualified official immunity not a defense to custodian responsible for removing snow and ice from school sidewalks when not done
Marian Mucker vs. Eulene Brown
Published COA 5/15/2015; Affirming Jefferson Cir Ct

384.  Affirmed Summary Judgement on dismissing claim based on alleged Bar Assault, No genuine issue of material fact
Andrew Howell vs. Ryan Kessling
COA Not published opinion (NPO) 5/17/2015 Affirming dismissal per SJ; Jefferson

385.  Immunity
Jason Stearman vs. William Knight, Individually and In Official Capacity
COA NPO 5/17/2015; Affirming Dismissal of claim;  Metcalfe

 397.  Affirmed summary judgment dismissing fee claims
Melbourne Mills vs. David Helmers
COA NPO 5/17/2015;   Affirming;  Fayette

405.  Board of Claims,  Department of Transportation Defective Highway Claim
Commonwealth of Kentucky  vs. Estate of Dustin H. Franklin
COA NPO 5/17/2015  Affirming award for the Estate

408.  Motion to compel arbitration of personal injury claim, applying Ping v. Beverly Enterprises and power of attorney authority to execute document compelling arbitration
Kindred Healthcare, Inc. vs. Perrie Goodman
COA NPO 5/17/2015; Affirming and remanding; Jefferson

MAZE, JUDGE: Kindred Healthcare, Inc. and affiliated entities (collectively, “Kindred”) appeal from an order of the Jefferson Circuit Court denying its motion to compel arbitration of personal injury and wrongful death claims brought by Perrie Goodman, executor of the Estate of Linda Bruce, Deceased (“the Estate”). The trial court denied Kindred’s motion to compel arbitration based upon the holding of Ping v. Beverly Enterprises, 376 S.W.3d 581 (Ky. 2012), concluding that a general power of attorney was insufficient to bind Bruce or her Estate to an optional arbitration agreement. Kindred argues that the trial court erred in finding that Bruce’s power of attorney did not have the authority to execute an arbitration agreement on Bruce’s behalf. In the alternative, Kindred also contends that the restrictive interpretation of an agent’s authority to enter into arbitration contracts violates the Kentucky Uniform Arbitration Act (“KUAA”) and the Federal Arbitration Act (“FAA”). Finding no error on either ground, we affirm.

Download (MNT05152015.pdf, PDF, Unknown)

SC Order 2015-01 Order Amending Limits on Compensation of Master Commissioners for Calendar Year 2015

Limits on Compensation of Master Commissioners for Calendar Year 2015

Louisville - Brandeis Hall of Justice, City Hall, and Historical Marker.  Photo by Mike Stevens using iPhone 5 in HDR format.

Louisville – Brandeis Hall of Justice, City Hall, and Historical Marker. Photo by Mike Stevens using iPhone 5 in HDR format.

The following order from the Kentucky Supreme Court outlines what the master commissions can make throughout the state.

For example, it runs from a low of $48,000 for 61 counties, eg. Adair, Breckinridge, Carroll, and others, to no more than $100,000 in personal compensation for Jefferson County Master Commissioner.

The next highest permissible compensation for 2015 are as follows:

  • $95,000 for Fayette
  • $93,000 for Kenton
  • $91,200 for Daviess
  • $88,000 for Boone
  • $78,000 for Campbell, Hardin and Warren
  • $73,000 for Bullitt, Franklin, Jessamine, Laurel, Madison and Oldham

Download (201501.pdf, PDF, 21KB)