111. Arbitration. Injunction.
Hardy v. Beach
Affirming. Patrick Hardy appeals the dismissal by the Jefferson Circuit Court of his breach of contract claim against David Beach. Hardy asks this Court to determine whether an arbitration clause deprives the trial court of subject- matter jurisdiction beyond a ruling as to the binding nature of the arbitration clause itself. We hold that it does not, and that the trial court also has jurisdiction to issue injunctive relief if a party is so entitled. However, after reviewing the record, and finding no error in the trial court’s determination that Hardy has not shown entitlement to injunctive relief, we affirm.
113. Workers Compensation.
Gregory v. A & G Tree Service
Affirming the Board which vacated the ALJ’s finding that Gregory had a 45% permanent partial disability (“PPD”) because the ALJ insufficiently set forth the facts relied upon. In so doing, the Board also vacated Dr. Warren Bilkey’s assessment of a 4% right shoulder impairment and Dr. Richard Eiferman’s 6% right eye impairment. Finally, the Board affirmed the ALJ’s conclusion Gregory was not entitled to a “safety violation” benefit enhancement.
116. Wrongful termination.
Fields v. Benningfield
120. Medical Malpractice. Failure to diagnose cancer in mammograms. New trial motion. Defendant testifying as expert. Apportionment.
Fraley v. Zambos M.D.
125. Lottery Ticket. Time for turning in for winnings.
Bailey v. Kentucky Lottery Commission
128. Probate. Wills and Estates. Undue Influence.
Sluss v. Estate of Gloria B. Sluss
Affirmed summary judgement holding no undue influence exercised on decedent.
130. Child support. Voluntary unemployed/underemployed in confinement.
Jarboe v. Reynolds
Vacate and remand court’s order concerning father’s child support obligation.
131. Criminal Law. Ineffective assistance of counsel.
Cherry v. Commonwealth of Kentucky
Affirmed denial of motion for Kentucky Rule of Criminal Procedure (RCr) 11.42 relief
Selected cases that were not designated for publication in tort, insurance and civil law.
121. Qualified official immunity allowed. Injuries occurred in confinement while cutting trees for DOT.
Stewart v. Litteral
You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision. Please note that you will have to check Case Information for each decision for finality (if not already marked on first page of decision after publication), amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky. Click Court of Appeals Minutes for entire listing of weekly minutes.
All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority. See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)