COA: February 16, 2018 Court of Appeals Decisions (Minutes)

Nos. 111-134: 24 Decisions Posted with 8 decisions designated for publication

PUBLISHED DECISIONS:

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

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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.”)

 

COA: February 9, 2018 Court of Appeals Decisions (Minutes)

Nos. 97-110: 14 Decisions Posted with 3 decisions designated for publication

PUBLISHED DECISIONS:

98.  Administrative Due Process.  KSP.
Wasson v. Kentucky State Police
Affirmed circuit court order that state police commissioner’s decision to transfer trooper from injured status to limited duty pursuant to KRS1 16.165(2) rejecting trooper’s assertion the decision was arbitrary, unsupported by substantial evidence,

 99.  Marital separation agreement and wills to transfer property.
Lewis v. Estate of Richard D. Lewis
Marital separation agreement provision on transfer of marital home and as part of divorce not enforced when husband failed to comply with provision to be included in his will.

106.  Commonwealth of Kentucky.  Expungements and multiple convictions.

Commonwealth of Kentucky v. Ford
Reversed order granting defendant’s motion to expunge his felony convictions. The Commonwealth argues that the expungement was erroneously granted because Ford’s convictions arose from multiple incidents, whereas the expungement statute, Kentucky Revised Statutes (KRS) 431.073, only permits expungements of convictions arising from a single incident.

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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.”)

MNT02092018

 

 

COA: February 2018 Oral Argument Calendar for Court of Appeals

Dates: Feb. 13, 15 and 21

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY. And here is a link to the AOC page containing their index to all Court to Appeal oral argument calendars. with names, litigants, issues, and the dates/times/locations for each argument – Oral Arguments Calendar.

Issues:

*  Interlocutory appeal of the trial court ruling which suppresses two blood tests which measured the blood alcohol level of the Appellee’s blood, post motor vehicle accident.

*  Consolidated appeals arising from collection action by Appellant seeking to establish priority pursuant to KRS 376.135 over competing creditors.

*  Appeal from property issues in dissolution action. Classification of income from loans forgiven partially during the marriage and partially after; tracing and calculation of value of non-marital interest in property owned by LLC; calculation of value and non-marital interests in retirement accounts; calculation of equalization of payment for division of marital property.

*  Whether the trial court properly denied the Appellant’s motion to have visitation with Appellee’s sons, his former step-sons.

*  Appeal of certification of a class pursuant to a statute allegedly precluding certification and arguably failing to satisfy the prerequisites of CR 23.02(c).

*  Summary judgment and wrongful death action when a suspect fleeing from active pursuit of a deputy sheriff crashed head on into decedent’s car.

*  Residential foreclosure action.

*  Whether circuit court erred by upholding the Kentucky Unemployment Insurance Commission’s decision that appellant voluntarily refused suitable work without good cause.

*  Whether circuit court erred by granting summary judgment in favor of appellee on the basis that the policy of insurance did not provide coverage for decedent.

*  Appeal from judgment denying complaint to enforce judgment lien against property owned by LLC.

*  Whether Kentucky recognizes a claim for “reverse piercing;” Sufficiency of evidence and equites supporting piercing of LLC’s veil.

February2018

COA: February 2, 2018 Court of Appeals Decisions (Minutes)

Nos. 66-96: Thirty-one Decisions Posted with 7 decisions designated for publication

PUBLISHED DECISIONS:

73.  Judgement Lien and Sale of Real Property.
Newman v. Estate of Joseph K. Hobbic
Affirmed circuit order for sale of real estate to enforce judgement lien

75.  Kentucky Civil Rights Act.  Claims for racial and gender discrimination.
Lindsey v. Board of Trustees of the University of Kentucky

80.  Divorce.  Separation agreement and whether canopy bar on property was a fixture
Scanlon v. Scanlon

82.  Criminal Law.  Ex parte orders without presence of prosecutors and subsequent requests for production of documents.
Commonwealth of Kentucky  v. Cambron

83. Costs of receivership.
Commonwealth of Kentucky, Energy and Environment Cabinet v. Bowling

85.  DVO amendments.
Benson v. Lively

92.  Underinsured motorist benefits.  Commercial policy and named insured.
Isaacs v. Sentinel Insurance Company d/b/a The Hartford
Policy language in commercial policy providing underinsured motorist benefits did not include individual owner of corporation even if sole owner.

Selected cases that were not designated for publication in tort, insurance and civil law. None.

66.  Sovereign Immunity.
Martin v. Parking Authority of River City, Inc.
PARC is not entitled to governmental immunity and is not immune from liability in the action herein.

68.  Medical Negligence/malpractice.
Estate of Roger Burton v. Brown, MD

69.  Failure to Prosecute Dismissal affirmed.
Sanders v. Wal-Mart Stores East,LP

79.  Medical negligence.
Allmän v. Syed 

84.  Negligence. Patient fall.
Day v. Appalachian Regional Healthcare, LLC

88.  False imprisonment.
Kinner v. Wal-Mart Stores, Inc.
“The tort of false imprisonment requires the plaintiff to establish that she was detained unlawfully.” Birdsong v. Wal-Mart Stores, Inc., 74 S.W.3d 754, 757 (Ky. App. 2001) (citing Wal–Mart Stores, Inc. v. Mitchell, 877 S.W.2d 616, 617 (Ky. App. 1994)). “ʻ[A]ny deprivation of liberty of one person by another or detention for however short a time without such person’s consent and against his will, whether by actual violence, threats, or otherwise, constitutes’ . . . false imprisonment.” Great Atlantic & Pacific Tea Co. v. Smith, 281 Ky. 583, 136 S.W.2d 759, 767 (1939)(quoting Great Atlantic & Pacific Tea Co. v. Billups, 253 Ky. 126, 69 S.W.2d 5, 6 (1934)); see also Mitchell, 877 S.W.2d 616.

90.  Uninsured motorist benefits.  Owned but not scheduled insurance and conflict of laws between  Tennessee UM policy and Kentucky where collision occurred.
Henry v. Travelers

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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.”)

 

MNT02022018

COA: January 26, 2018 Court of Appeals Decisions (Minutes)

Nos. 49-65: 17 Decisions Posted with 3 decisions designated for publication

PUBLISHED DECISIONS:

50.  Real property.  Partial ummary judgement was reversed since issues still existed on voiding the deed for champerty
Coblenz v. Day

57.  Torts.  Liability of horse owner and status of injured party as trespasser or tenant  and “open and obvious” doctrine examined with appellate court affirming summary judgement dismissing claims.
Groves v. Woods

64.  Child abuse and neglect.  Burden of proof and custody examined.
B.(C.) v. Cabinet for Health and Family Services, Commonwealth of Kentucky
Court of Appeals reversed Circuit Court’s finding that a minor was abused and neglected by the father finding that the state had failed to meet its burden of proof by a preponderance of evidence and that the father never had unsupervised custody of the child.

Selected cases that were not designated for publication in tort, insurance and civil law. None.

51.  Appeal of pro se claim against physician and hospital for administration of Coumadin following hip surgery with usual issues on the brief’s compliance with the civil rules and raising of issues.  Nursing expert from Mexico did not qualify as expert.
McBrearty v. Lukins

59.  Qualified official immunity and claims against defendant in his individual capacity. Decent rundown on the law of official and qualified official immunity.
Johnson v. Hutcherson

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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.”)

MNT01262018

 

 

COA: January 19, 2018 Court of Appeals Decisions (Minutes)

Nos. 34-48: 15 Decisions Posted with 1 decision designated for publication

PUBLISHED DECISIONS:

42.  Family Law.
Duffy v. Duffy
Affirmed trial court that husbands unvested restricted stock units were marital property and subject to division.

Selected cases that were not designated for publication in tort, insurance and civil law. None.

43.  Torts.  Statute of Limitations.  Defendant dies before service.
Romano v. Estate of Ben Johnson
Appellant/plaintiff did not obtain service on defendant driver in car accident prior to defendant driver’s death.  An administrator was appointed for the estate before statute of limitations expired.  Appellant plaintiff amended complaint in original service and argued the amended complaint related back. Trial court applied Alsabi v. Gailor, but Court of Appeals REVERSED and REMANDED holding the amended complaint related back and not filed untimely in violation of statute of limitations.

“Contrary to the trial court’s interpretation herein, Gailor did not hold that a suit originally filed against a deceased defendant could never be amended past the limitations period. Rather, it held that CR 15.03 does not permit relation back where the proper party did not exist during the limitations period. However, the facts herein are clearly distinguishable. Unlike the administrator in Gailor, the executrix of Johnson’s estate had been appointed almost one year prior to the date Romano filed his original complaint. Thus, this is not a case of a non-existent party at the time suit was originally filed. In fact, the trial court’s conclusion that Gailor supports dismissal even where the Estate (the proper party) actually exists would act to vitiate the specific purpose of the relation back rule. Therefore, unlike Gailor, there remains a question as to whether the Estate knew or should have known about Romano’s action during the limitations period. Accordingly, Romano was entitled to conduct further discovery on the issue of whether the Estate “(a) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (b) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him” so as to satisfy the requirements of the relation back rule under CR 15.03.”

45.  Underinsured Motorist Benefits.  Held no UIM coverage for LLC member in commercial auto policy 
Metzger v. Auto-Owners Ins. Co.
Appellants argue that Ms. Metzger was covered by a commercial automobile insurance policy, which included UIM coverage, when she was struck by a vehicle while out walking. Owners argues that since Ms. Metzger was a pedestrian when she was struck by the automobile, she was not covered under the terms of their UIM coverage. We agree with Owners and affirm.
Note.  This case has a good discussion on commercial policies and policy language for applicability of UIM coverage to owners of LLC, members of partnership, and members of an organization.

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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.”)

MNT01192018

COA: January 12, 2018 Court of Appeals Decisions (Minutes)

Nos. 23-33: 11 Decisions Posted with 1 decision designated for publication

PUBLISHED DECISIONS:

25.  Appeals.
Steffan v. Smyzer
Appellant, Donald Steffan in his individual capacity as an employee of the Jefferson County Board of Education, appeals from an opinion and order of the Jefferson Circuit Court denying his motion for summary judgment based on immunity under the Paul D. Coverdell Teacher Liability Protection Act of 2001, 20 U.S.C.A. §§ 6731-6738. We conclude that the trial court’s order was interlocutory in nature and, as such, Appellant’s appeal must be dismissed.

Selected cases that were not designated for publication in tort, insurance and civil law. None.

26.  Torts. Negligent misrepresentation, and intentional interference with a prospective contractual relationship.
Turner v. Kentucky River Community Care

30.  Automobiles. Ownership and certificate title;  not equitable title.
Houston v. Barker

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.”)

MNT01122018

COA: January 5, 2018 Court of Appeals Decisions (Minutes)

Nos. 1 - 22 --- 22 Decisions Posted with 5 decisions designated for publication

PUBLISHED DECISIONS:

6.  Medical negligence.
Quattrocchi v. Nicholls
Appeal of jury verdict in favor of Paul Nicholls, M.D., and dismissing the medical negligence claim brought by Ann Quattrocchi. Ann argues that the trial court improperly excluded evidence of a surgical incident which led to her sciatic nerve palsy. As the evidence of record shows exclusion of the evidence and the failure to grant a continuance amounted to an abuse of discretion, we reverse and remand.

9.  Criminal Law.  DNA and Daubert.
Commonwealth of Kentucky v. Baldwin
The Commonwealth of Kentucky brings this appeal from an interlocutory order excluding expert testimony regarding DNA1 evidence. The Commonwealth offered the evidence during Robert L. Baldwin’s murder trial. After reviewing the record and observing that the Trimble Circuit Court did not conduct a Daubert hearing regarding the analytical technology used to further test blood from the crime scene, we vacate the order and remand.

11.  Underinsured Motorist Benefits and Stacking.
Consolidated Ins. Co. v. Slone
Consolidated Insurance Company appeals from an order of the Magoffin Circuit Court declaring that the appellees are entitled to stack the underinsured motorist coverages (UIM) provided in a vehicle insurance policy issued to the Magoffin County Board of Education. The primary issue presented is whether an anti-stacking provision in the Consolidated policy limits the total UIM coverage available to $500,000. We conclude that the provision precludes the appellees, who are insureds of the second class, from stacking the UIM coverages. We further conclude that any alleged misrepresentation made by a Consolidated insurance agent regarding stacking to the Magoffin County Board of Education does not estop Consolidated from enforcing the anti-stacking provision.

16.  Revenue and Taxation.  Ad valorem re county library.
Coleman v. Campbell County Library Road
Charlie Coleman, John P. Roth Jr. and Erik Hermes (hereinafter “the taxpayers”) bring this appeal from the Campbell Circuit Court’s grant of summary judgment to the Campbell County Library Board of Trustees (hereinafter “the Board”). The primary issue is whether the holding of an opinion(hereinafter “the Opinion”) of the Court of Appeals, which harmonized statutes relating to public library ad valorem tax rates, is to be applied retroactively or prospectively only.

20.  FELA.  Jury instructions.
Boggs v. CSX Transportation, Inc.
Larry M. Boggs appeals from the judgment of the Jefferson Circuit Court entered upon a jury verdict in favor of CSX Transportation, Inc., (CSX). Boggs presents numerous issues for our review. However, our disposition of the appeal turns upon our resolution of a single issue: whether the trial court erred in its instructions to the jury panel. After our review, we reverse and remand for further proceedings.

 

Selected cases that were not designated for publication in tort, insurance and civil law. None.

 

 

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.

MNT01052018

COA: December 22, 2017 Court of Appeals Decisions (Minutes)

Nos. 1051-1071 -- 18 Decisions Posted with 2 decisions designated for publication

PUBLISHED DECISIONS:

1054.  Declaratory Judgment.  Participation in County Employees Retirement System (CERS)
County Employees Retirement System v. Frontier Housing
Affirmed dismissal of motion to dismiss on sovereign immunity.

1066.  Torts.  duty of care.
Mitchell v. Commonwealth of Kentucky 
Affirmed dismissal of claim against state for escaped convict who was evading police and struck Mitchell.  The trial court concluded CTS did not have a special relationship with Brenda triggering a duty of care, and it was not foreseeable Mace would walk away from CTS, travel from Jefferson County to Floyd County, steal a car, and, while attempting to evade police in a high-speed car chase cause a collision with Brenda which would result in her death.

Selected cases that were not designated for publication in tort, insurance and civil law. None.

1063.  Appeal.  Dismissed untimely notice of appeal.
Henderson v. Oliver

1065.  Torts.  Negligent supervision of children. Lays out elements etc. in case where child hit plaintiff in back of head with water balloon.
Thomas v. Bottoms

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.

MNT12222017

COA: December 15, 2017 Court of Appeals Decisions (Minutes)

Nos. 1037 - 1053 -- 17 Decisions Posted with 3 decisions designated for publication

PUBLISHED DECISIONS:

1038.  Rule 11.  Affirmed trial court’s Rule 11 sanctions.
Large v. Oberson

1039.  Torts.  Defamation.  Affirmed summary judgment dismissing defamation  action .  No discovery.
National College of Kentucky, Inc. v. Wave Holdings, LLC

1045.  Negligent hiring/retention.  Higher standard for carriers.
Kendall v. Godbey

Since genuine issues of material fact exist as to whether Community Cab properly vetted Abukar prior to employing him, we hold that summary judgment was improperly granted and remand this matter to the trial court for a continuation of the litigation concerning the legal malpractice. In making this determination, we are proffering no opinion as to the ultimate result of the litigation but merely indicating that summary judgment was premature.

Selected cases that were not designated for publication in tort, insurance and civil law. None.

1037.  Summary judgment and timing of discovery
Krohn v. Meuser

1044.  Affirmed dismissal of wrongful use of civil process.
The Getty Law Group v. Bowles, Rice, McDavid, Graff & Love

1046.  Tresspass.  Affirmed award of $19,402.22 in damages on claims of trespass to chattel and trespass to personal property.
Stanley v. Knuckles

1047.  Wrongful death claim when decedent fell into a septic tank sinkhole and died presented a host of issues from wrongful death, municipal immunity, independent contractor etc.
Estate of Dorothy Brown v. Louisville/Jefferson County Metropolitan Sewer District

1048.  Torts. Workplace sexual harassment, hostile work environment, and retaliatory discharge.
Gibson v. H&J Restaurants, LLC

1051.  Immunity and negligence claim against prison security officers.
Collins v.  Vandiver

1052.  Premises liability, immunity and schools.
Sergent v. Murphy

1053.  Claims of breach of contract, promissory estoppel, and intentional infliction of emotional distress (IIED)
Watson v. Jargoe Homes

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.

MNT12152017