ARGUMENT CALENDAR: COA for March 2008

For the entire argument calandare for the Kentucky Court of Appeals for the month of MARCH 2008, CLICK HERE.

COAKY ARGUMENT CALENDAR – MARCH 2008

COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Monday, March 03, 2008

1:00 PM
JUDGES COMBS DIXON KNOPF
LEILANI CHRISTY CAREY VS DONALD JAYNES ET AL.
2007CA000148
ISSUE: Biological child was disinherited from father’s will for failure to meet definitional terms of his will. She contests entry of summary judgment against her.

1:45 PM
JUDGES KNOPF COMBS DIXON
MORRIS MOOR VS LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
2006CA002232
ISSUE: Appeal from a summary judgment against an employee claiming wrongful termination in violation of the Kentucky Whistleblower Act & KRS 61.102.

2:30 PM
JUDGES: KNOPF COMBS DIXON
DONALD CHRISTY VS COMMONWEALTH OF KENTUCKY 2007CA001304
Appeal from an order denying motion to prohibit enhancement of DUI because the first DUI conviction occurred when appellant was 16 years of age.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Tuesday, March 04, 2008

8:45 AM
JUDGES: DIXON CLAYTON WINE
DAVID WHEATLEY, ET AL. VS. JOINT-CITY COUNTY PLANNING COMMISSION OF NELSON COUNTY
2006CA000489

9:15 AM
JUDGES: STUMBO DIXON WINE
PRISCILLA PARKER VS PEDIATRIC ACUTE CARE, P.S.C.
2007CA000548
Appeal from Summary Judge granted in retaliatory discharge and sexually hostile work environment case; sufficiency of evidence to overcome motion for summary judgment granted employer.

12:30 PM
JUGES: CAPERTON LAMBERT THOMPSON
L. P. ET AL. VS CABINET FOR HEALTH AND FAMILY SERVICES ET AL.
2007CA001783
Appeal from denial of grandparents request to intervene in termination proceeding and a request for custody. Advance.

1:15 PM
JUDGES: TAYLOR NICKELL BUCKINGHAM
MARIANNA ASHEY VS CITY OF LAGRANGE ET AL.
2007CA000497
Public Right of way/Abandonment.

2:45 PM
JUDGES VANMETER ACREE KELLER
BRENDA PENNINGTON VS BENNIE JACOBS ET AL.
2007CA000265

LOCATION: WARREN COUNTY JUDICIAL CENTER, CIRCUIT COURTROOM C, 4TH FLOOR, 1001 CENTER STREET, BOWLING GREEN, KENTUCKY
DATE: Wednesday, March 05, 2008

1:00 PM
JUDGES: MOORE WINE BUCKINGHAM
DIANA SMITH VS DENECIA MCCURDY ET AL.
2007CA001239
Whether decedent’s estate could bring a wrongful death action rather than a survival action and how damages should have been distributed.

1:45 PM
JUDGES: WINE MOORE BUCKINGHAM
GORDON SETTLOW VS ALICE SETTLOW
2006CA000539
Gordon Settlow appeals from an order requiring him to pay permanent maintenance in the amount of $2,100.00 per month. Alice Settlow cross-appeals arguing that the trial court failed to consider applicable law in awarding an inadequate amount of permanent maintenance.

LOCATION: MONTGOMERY COUNTY CIRCUIT COURTROOM, COURTHOUSE, 1 COURT STREET, MT. STERLING, KENTUCKY
DATE: Thursday, March 13, 2008

9:30 AM
JUDGES:  ACREE STUMBO GRAVES
TONY MESSER ET AL. VS MONA ROBINSON
2007CA000977
Civil; Personal Injury: Retail store and store manaager appeal judgment after bench trial awarding approximately $200,000 to Appellee as compensation for psychological injury when detained after unintentionally leaving store with unpaid merchandise.

10:15 AM
JUDGES: STUMBO ACREE GRAVES
JERRY WOLLUM, M.D. ET AL. VS LISA HILLMAN ET AL.
2007CA000376
Appeal from plaintiff’s verdict in medical malpractice case; issues include denial of directed verdict, evidentiary rulings and  jury misconduct.

11:00 AM
JUDGES: STUMBO ACREE GRAVES
KENTUCKY ASSOCIATED GENERAL CONTRACTORS SELF-INSURANCE FUND VS MUSIC CONSTRUCTION, INC.
2007CA000699
Appeal from order dismissing action for failure to state a claim. Can workers’ Comp carrier recover payments of safety violation award from insured employer under terms of insurance contract?

LOCATION: ALLEN COURTROOM, BRANDEIS SCHOOL OF LAW, UNIVERSITY OF LOUISVILLE, 2301 SOUTH THIRD STREET, LOUISVILLE,  KENTUCKY
DATE: Tuesday, March 18, 2008

1:30 PM
JUDGES:  TAYLOR KELLER VANMETER
SHERRY COLEMAN VS RIF EL-MALLAKH, M.D. ET AL.
2006CA002415
Whether circuit court properly dismissed appellant’s action under CR 77.02.

2:15 PM TAYLOR KELLER VANMETER
DONALD FIELDS VS COMMONWEALTH OF KENTUCKY
2006CA002612
Whether circuit court properly denied appellant’s RCr 11.42 motion and found appellant competent after retrospective competency hearing.

3:00 PM TAYLOR KELLER VANMETER
NANNIE AMBURN ET AL. VS SEAN DELAHANTY ET AL. 2007CA000067
Whether circuit court properly denied petition for writ of mandamus under CR 81.

LOCATION: ALLEN COURTROOM, BRANDEIS SCHOOL OF LAW, UNIVERSITY OF LOUISVILLE, 2301 SOUTH THIRD STREET, LOUISVILLE, KENTUCKY
DATE: Wednesday, March 19, 2008

9:30 AM KELLER TAYLOR GRAVES
PARADISE TOMATO KITCHENS, INC. VS LOUISVILLE-JEFFERSON COUNTY METRO REVENUE COMMISSION ET AL.
2007CA000965
Whether appellant is entitled to tax refund. Issues further include timeliness of refund; whether tax paid voluntarily; and violation of commerce clause.

10:15 AM KELLER TAYLOR VANMETER
LARRY WHITE VS COMMONWEALTH OF KENTUCKY
2006CA002255
Whether prior felony conviction can be used both to create an offense and prosecute as persistant felony offender. Whether prosecutor alluded to matters outside the record.

11:00 AM TAYLOR KELLER VANMETER
W. DUFF, M.D. VS KENTUCKY BOARD OF MEDICAL LICENSURE
2006CA002646
Whether Board properly entered order indefinitely restricting appellant’s medical license.

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.