COA: June 9, 2017 Court of Appeals Decisions (Minutes)

Nos. 494-509: 16 Decisions with 4 decisions designated 'to be published'

PUBLISHED DECISIONS:

478.  Affirmed family court’s designation and division of stock acquired by wife during her employment
Dotson v. Dotson

499.  Criminal Law.  Affirmed trial court’s denial of new trial as not warranted based upon trial witness recanting trial testimony AND motion for new trial was not timely
Shaman v. Commonwealth of Kentucky

507.  Affirmed transfer of structured settlement annuity to third party for lump sum payment in workers compensation settlement
American General Life Ins. Co. v. DRB Capital LLC

508.  Probate. Discretionary Review.  Reversed and remanding circuit court which had affirmed district court which erred by removing executor
Estate of Roy Clement Wolff v. Young

Selected cases that were not designated for publication in tort, insurance and civil law.

502.  Affirmed summary judgment dismissing wrongful death claim for failure to have expert testimony in support of causation and applicable standard of care.  Trial Court had also given plaintiff/appellant opportunity for discovery.
Estate of Stephen Michael Howard v. NTD Care Services, LLC

MNT06092017

 

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

COA: June 2, 2017 Court of Appeals Decisions (Minutes)

Nos. 475-493: 19 Decisions with 3 decisions designated 'to be published'

PUBLISHED DECISIONS:

478.  Affirmed jury verdict dismissing claims  of battery and false imprisonment against police officer
Brown v. Fournier

490.  Affirmed termination of parental rights
R.(M.P.) v Cabinet for Health and Family Services

491.   Appeal was dismissed as moot as  father had complied with payment of bond as conditioned by judge which purged his contempt for failure to pay ordered child support
Belt v. Commonwealth of Kentucky 

Selected cases that were not designated for publication in tort, insurance and civil law.

476.  Asbestos Case.  Trial court did not abuse discretion in appointing special commission for discovery issues and affirmed summary judgment that plaintiff failed to present sufficient evidence decedent was exposed to asbestos dust manufactured or sold by defendant
Estate of Bobby Joe Vickery v. Brake Supply Company, Inc.

482.  Complicated business case with Former Lt Gov Pence as named defendant
Bean v. VNB New York LLC

 

MNT06022017

 

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

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.”)

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

 

COA: May 19, 2017 Court of Appeals Decisions (Minutes)

Nos. 424-456: 33 Decisions with 5 decisions designated 'to be published'

PUBLISHED DECISIONS:

424.  Zoning setback.
Herndon v. Wilson

429.  University disciplinary case and Honor Code.
Chen v. Lowe

433.  Medicaid reimbursement to health care.
Commonwealth of Kentucky Cab. for Health and Family Services v. Saint Joseph Health System, Inc.

441.  Family Law.  Trial judge’s denial of petition for immediate entitlement to custody affirmed
K.(C). v. Cabinet for Health and Family Services, Commonwealth of Kentucky

444.  Reversed minor’s termination of parental rights ruling
R.(H.M.) v  Cabinet for Health and Family Services, Commonwealth of Kentucky

Selected cases that were not designated for publication in tort, insurance and civil law.

426.  Mandatory arbitration provisions and adequacy of consideration examined.
Richmond Health Facilities v. Curry

432.  Untimely filing of claim for damage to home under homeowner’s policy
Romans v. Kentucky Farm Bureau Mut. Ins. Co.

439.  Negligence and Qualified Official Immunity claims arising from UK fan tripping at Rupp arena Basketball game reversed
Williamson v. Saunier (link from PDF corrected here)

MNT05192017

 

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.”)

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

 

COA: May 12, 2017 Court of Appeals Decisions (Minutes)

Nos. 403 - 423: 21 Decisions with 4 PUBLISHED DECISIONS: 3designated 'to be published'

PUBLISHED DECISIONS:

405.  Failure to loan.  Breach of fiduciary duty. Judgment on Pleadings.
Scott v. Forcht Bank, NA

406.  Administrative Law.  Medical disciplinary action reversed for failure to follow statute
Dr. Jon M. Strauss v. Kentucky Board of Medical Licensure

411.  Mandatory Arbitration.  Local government agency did not have authority to enter into arbitration agreement as condition for employment
Northern Kentucky  Area Development District v. Snyder

417.  Criminal sentence was not impermissibly enhanced
Turner v. Commonwealth of Kentucky

Selected cases that were not designated for publication in tort, insurance and civil law.

403.  Timely appeal but raised issues not preserved during proceedings below
Pantoja v. TIC Properties Management

407.  Lexington Fairness Ordinance Issues
Lexington Fayette Urban County Human Rights Comm. v. Hands On Originals

410.  Premises Liability.  Trial court dismissal of negligence claim for trespasser reversed.
Ball v. Hobby, Dye and Read

420.  COA reversed trial court dismissal and held the uninsured operator was not driving a motor vehicle and therefore was a pedestrian entitled to PIP/BRB through the insurer of the vehicle that hit him
Robertson v. Westfield Ins. Co.

 

MNT05122017

 

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.”)

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

COA: May 5, 2017 Court of Appeals Decisions (Minutes)

Nos. 370-402: 33 Decisions with 5 designated 'to be published'

PUBLISHED DECISIONS:

376.  Statute of Limitations.  Service of summons must be timely issued in good faith
Hearn v. Family Dollar Holdings, Inc.

392.  Family law.  Modifying time sharing of children.
Agnich v. Tyler

397.  Res judicata and issuance of second DVO
Thompson v Thompson

400.  Family Law.  No abuse of discretion in entering DVO
Ashley v Ashley

Selected cases that were not designated for publication in tort, insurance and civil law.

370.  Medical malpractice defense verdict affirmed on appeal.  Claim arose from complicate birthing with death to one twin and cerebral palsy to other
Sims v. Norton Healthcare, Inc.

371.  UIM and choice of law with multiple insurers.
Allstate Property and Casualty Ins. Co. v. Lawson

377.  Legal malpractice
Lane v. Grady

378.  Negligence against Walgreen’s employee for injuries when hit by cart
Martin v. Walgreen Co.

379.  Claim again nursing and rehab folks alleging joint venture and improper venue
Ridgeway Nursing v. Collins

 

MNT05052017

 

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.”)

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

COA: April 28, 2017 Court of Appeals Decisions (Minutes)

Nos. 351-369: 19 Decisions with 5 designated 'to be published'

PUBLISHED DECISIONS:

351.  Medical malpractice (bariatrics).  Vicarious liability.  Joint enterprise. Negligent credentialing.  Appeals.
Dixon v. Lake Cumberland Regional Hospital LLC and Dr. John Husted

353.  Writ of Possession. Or Give me my dog back!
Pope v. Thompson 

361.  Workers Compensation.  ALJ misconstrued medical evidence.
Tens v.  Ford Motor Co.

362. District court appeal of minor’s conviction for sodomy
J.E. v. Commonwealth of Kentucky

364.  Criminal Law. Spousal privilege and judge’s failure to apply the exception listed in KRS 504(c)
Commonwealth of Kentucky  v. Hinton

 

Selected cases that were not designated for publication in tort, insurance and civil law.

357.  Premises liability.  Statements and argument and exceeding motion in liming
CBL & Associates v. Chatfield

Complete set of 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.”)

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

COA: April 21, 2017 Court of Appeals Decisions (Minutes)

Nos. 339-350: 12 Decisions with 2 designated 'to be published'

PUBLISHED DECISIONS:

339.  Criminal Law.  Sentencing, hammer clause.
Thomas v. Commonwealth of Kentucky

344.  Stigma Damages.
Muncie v. Weiseman

Selected cases that were not designated for publication in tort, insurance and civil law.

None.

MNT04212017

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.”)

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

COA: April 14, 2017 Court of Appeals Decisions (Minutes)

Nos. 333-338: Six decisions with one designated for publication

PUBLISHED DECISIONS:

337. Workers Compensation
Van meter Contracting, Inc. v. Groce

Selected cases that were not designated for publication in tort, insurance and civil law.

335.  GAL Fees in personal injury action and payment therefor.
Bell aka Someplace Apts. v. Estate of Shannon Norris

MNT04142017

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.”)

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

COA: April 7, 2017 Court of Appeals Decisions (Minutes)

No. 318-332: 15 Decisions with 4 decisions designated to be published)

PUBLISHED DECISIONS:

322.  Foreclosure with various tort claims – breach of fiduciary duty, tortious interferences with contract relations, and intentional infliction of emotional distress
Seeger Enterprises Inc. v. Town and Country Bank and Trust Co

325 Workers Compensation.  Reimbursement for out of pocket medicals.
Roach v. Owensboro Health Regional Hospital

326.  Torts. Claims for breach of contract, breach of fiduciary duties and professional negligence arising out the parties’ attorney-client relationship.
Saalwaechter v Carroll

330.  Grandparent visitation
O (K.C.) v Cabinet for Health and Family Services


Selected cases that were not designated for publication in tort, insurance and civil law.

328.  Workers Compensation.  Exclusive remedy and operating premises exception.
Quinn v. Ogden


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.”)

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.


MNT04072017

COA: March 31, 2017 Court of Appeals Decisions (Minutes) (296 – 317) 22 Decisions with 6 decisions designated to be published)

Published decisions for March 31, 2017 for Court of Appeals:

296.  Jurisdiction and Uniform Trust Code
Beardmore v.  JP Morgan Chase Bank, NA
AFFIRMING – Fayette

300.  Zoning.  Revocation conditional use permit.
Drakes Creek Holding Co. LLC v. Franklin-Simpson County Planning and Zoning Commission
AFFIRMING – Simpson

302.  Zoning.  Reclassifying ordinance.
Southwest Clark Neighborhood Association v. Branham
AFFIRMING – Clark

303.  Post judgement garnishment and claim of false statement by bank
Deal v. First and Farmers National Bank
AFFIRMING – Pulaski

306.  Kentucky Civil Rights Act.  Independent contractor unable to invoke protections since not employee
Powers v. Keeneland Association Inc.
AFFIRMING – Fayette

307.  Post incarceration supervision revocation.
Bailey v. Jones
REVERSING AND REMANDING – Franklin


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


MNT03312017