ARGUMENT CALENDAR: COAKY Args Posted for April 2008

The Court of Appeals argument calendar for the month of April 2008 with cases names, counsel, issues, location, dates, and times is available by clicking here (located at AOC web site).

Today in the Jefferson Judicial Center (April 1) are the following.  For arguments scheduled for April 3 and 4 in Pikeville, April 15 in Louisville, April 16 in Frankfort, April 16 in Elizabethtown, April 24 and 25 in Covington, then click here.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE

DATE: Tuesday, April 01, 2008
9:30 AM NICKELL DIXON WINE
ROBERT PALMER-BALL, M.D. VS SHEILA PALMER-BALL 2006CA002647
Whether the trial court properly valued a medical practice and vacation property; determined which assets constituted nonmarital property; properly divided marital debts and assets; and resolved claims for maintenance and attorneys fees.

10:15 AM KNOPF DIXON NICKELL
GUY GRAY ET AL. VS SOUTHERN FARM BUREAU LIFE INSURANCE COMPANY ET AL.
2007CA000664
Appeal from a summary judgment, by the estate administrator, holding that the deceased plaintiff did not enter into a contract of life insurance with the appellees.

11:00 AM KNOPF DIXON NICKELL
COMMONWEALTH OF KENTUCKY VS CENTRAL BANK OF JEFFERSON COUNTY, INC. ET AL.
2007CA000009
The Commonwealth appeals from orders which deemed its tax liens inferior in priority in mortgage foreclosure actions.

LOCATION: HALL OF JUSTICE, 172 DIVISION STREET, DIVISION II CIRCUIT
COURTROOM, 4TH FLOOR, PIKEVILLE, KENTUCKY

DATE: Thursday, April 03, 2008

1:30 PM KELLER THOMPSON WINE
ARA LITTLE VS LEE STEWART ET AL. 2007CA000555
This appeal arises from litigation regarding an accident between a coal truck, tractor-trailer, and a van. At the conclusion of the plaintiff’s case, the trial court directed verdict in favor of two defendants.

2:15 PM KELLER THOMPSON WINE
APPCO-KY, INC. VS OLDCASTLE MOUNTAIN MATERIALS INC. 2005CA002012
Appeal from trial court’s ruling that voided a restrictive covenant in a deed. There are also contract issues between the parties.

3:00 PM WINE KELLER THOMPSON
S. O. VS COMMONWEALTH OF KENTUCKY 2006CA001647
Discretionary review from juvenile adjudication finding S.D.O. guilty of terroristic threatening. Sufficiency of evidence supporting findings; lack of evidence that S.D.O. delivered letter containing threats; admissibility of letter with subsequent alterations.

LOCATION: HALL OF JUSTICE, 172 DIVISION STREET, DIVISION II CIRCUIT
COURTROOM, 4TH FLOOR, PIKEVILLE, KENTUCKY

DATE: Friday, April 04, 2008

9:30 AM WINE KELLER THOMPSON
KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY VS SONYA ELSWICK
2006CA001384
KFB appeals from an order dismissing its subrogation claims against Elswick. KFB argues that there were issues of fact concerning whether Elswick was a “secured person” under KRS 304.39-070; and that the trial court erred in finding that KFB was required to file a claim against Elswick’s carrier before bringing the subrogation action.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE

DATE: Tuesday, April 15, 2008

9:30 AM STUMBO CLAYTON GRAVES
JESSICA DEYOUNG VS COMMONWEALTH OF KENTUCKY 2007CA000635
MOR appeal from conditional guilty plea. Issue is denial of motion to suppress fruits of search of home without warrant, consent or exigent circumstances.

10:15 AM CLAYTON STUMBO GRAVES
JODI GLAHN VS DANIEL NEISES ET AL. 2007CA000928
An appeal from an order granting summary judgment to a property owner. The appellant states that several questions of fact exist for a jury to decide and that an issue regarding whether 14 & 54 of the Ky Constitution prevents the trespass statute from granting immunity to persons who cause foreseeable injury.

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

DATE: Wednesday, April 16, 2008

10:00 AM BUCKINGHAM LAMBERT TAYLOR
TRACE CREEK CONSTRUCTION, INC. VS THE HARLAN COUNTY FISCAL COURT
2007CA000328
Sovereign Immunity.

10:45 AM TAYLOR LAMBERT BUCKINGHAM
ROY HAMM VS DIANA HAMM 2006CA002119
2006-CA-002119 – Whether circuit court erred in its division of marital property; 2006-CA-002143 -Whether circuit court erred by not awarding permanent maintenance.

11:30 AM TAYLOR LAMBERT BUCKINGHAM
MOUJAHED ACHTAR VS TOYOTA MOTOR CORPORATION 2007CA000447
Whether circuit court properly excluded certain evidence; whether circuit court properly denied motion for directed verdict; whether jury instructions were proper.

LOCATION: HARDIN COUNTY JUSTICE CENTER, 120 EAST DIXIE AVENUE,
ELIZABETHTOWN, KENTUCKY

DATE: Wednesday, April 16, 2008

10:15 AM ACREE COMBS THOMPSON
UNIFIRST CORPORATION VS OLIVIA STEWART
2006CA000993 2007CA001501
Civil; Employment Discrim.: Employer appeals jury verdict that wrongfully terminated employee because she stated to coworkers she had been hurt at work. Issues: (1) employee not within ambit of KRS 342.197; damages award not supported by evidence (3) that jury verdict was based on workers’ comp. award which was later reversed; (4) trial ct erred by admitting inadmissible testimony. 07-CA-1501: Employer appeals from trial ct’s denial of second of two separate CR 60.02 motions.

11:00 AM THOMPSON COMBS ACREE
NATHAN HACK ET AL. VS LONE OAK DEVELOPMENT, INC. ET AL. 2007CA001431
LONE OAK DEV. BEGAN DEVELOPMENT OF A SUBDIVISION. DEVELOPER CONTRACTED WITH CENTRAL PAVING CO, TO REALIGN DITCH AND CONSTRUCT 48 INCH DRAINAGE PIPE.  URCHASERS WHO ARE NOT PARTIES TO THIS ACTION, PURCHASED LOT NEAR DRAINAGE PIPE. APPELLANTS PURCHASED LOT NEAR DRAINAGE PIPE. 6 YRS AFTER CONSTRUCTION AND 2 YRS AFTER PURCHASING LOT, APPELLANTS EXPERIENCED SOIL COLLAPSE
IN AREA AROUND PIPE AND ALLEGE NEGLIGENCE IN USAGE OF TREE STUMPS TO IMPROPERLY FILL HOLE TO SUPPORT PIPE. TRIAL CT. GRANTED SUM. JDGT

LOCATION: KENTON COUNTY JUSTICE CENTER, 230 MADISON AVENUE,
COVINGTON, KENTUCKY

DATE: Thursday, April 24, 2008

4:00 PM KELLER CAPERTON WINE
ZOEY YOUNG VS UNIVERSITY HOSPITAL OF THE ALBERT B. CHANDLER MED. CTR. INC. ET AL.
2007CA001075
In this medical negligence action, the circuit court dismissed defendant medical center on the basis of sovereign immunity. Appellant alleges the defendants were not entitled to said immunity protection.

LOCATION: KENTON COUNTY JUSTICE CENTER, 230 MADISON AVENUE,
COVINGTON, KENTUCKY

DATE: Friday, April 25, 2008

10:15 AM KELLER CAPERTON WINE
DOUGLAS FULTZ VS COMMONWEALTH OF KENTUCKY
2007CA000203
The appellant is alleging six points of error in this appeal from a Manslaughter in the Second Degree verdict. They include juror tainting as well as sufficiency of the evidence.

11:00 AM KELLER CAPERTON WINE
S.M., A CHILD UNDER EIGHTEEN VS COMMONWEALTH OF KENTUCKY 2007CA001353
This appeal involves the circuit court’s opinion affirming the district court’s ruling that the appellant, a juvenile, who was allegedly not eligible to be declared a juvenile sexual offender due to conviction for two counts of voyeurism was not entitled to an independent sexual assessment.

1:30 PM WINE CAPERTON KELLER
DAVID TIDWELL, IV VS COMMONWEALTH OF KENTUCKY 2007CA000136
Appeal from conviction for TBUT over $300 and PFO II. Denial of motion for directed verdict; denial of lesser-included offense instruction; violation of separation of witness order; denial of motion to suppress evidence seized pursuant to search warrant; denial of motion to suppress photographs and witness identification as unduly suggestive; impeachment of defense witness on collateral matter; cumulative error.

2:15 PM WINE CAPERTON KELLER
GEORGE GLASS VS NANCY GLASS
2007CA000301 2007CA000368
Appeal and cross-appeal from dissolution judgment. Direct appeal: Classification of non-marital property; burden of proof to show that increase in value of non-marital property remains non-marital; and division of marital property. Cross-appeal: classification of a ring which replaced a gifted ring as marital; sufficiency of evidence of value of another ring used to offset ring; existence of agreement regarding disposition of rings.

3:00 PM WINE CAPERTON KELLER
JAMES BROOKS ET AL. VS GRAMS, INC. 2007CA001087
Appeal from summary judgment dismissing vicarious liability claim. Whether the spouse of an employee who is running a work-related errand for the employee has an agency relationship with employer. Existence of genuine issues of material fact.

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