COA 2009 Minutes: September 11, 2009 (Nos. 923-951)

COA 2009 Minutes: September 11, 2009 (Nos. 923-951)

  • 39 decisions
  • 6 published

PUBLISHED DECISIONS WITH LINKS TO FULL TEXT

923
FIELDS V. WOMACK

OPINION AFFIRMING
** ** ** ** **
BEFORE: CLAYTON AND THOMPSON, JUDGES; LAMBERT,1 SENIOR JUDGE.
LAMBERT, SENIOR JUDGE: The instant appeal presents three issues for our review. Appellants/Cross-Appellees, Larry S. Fields, M.D. and Family Medicine Center, P.L.L.C., contend that the trial court erred in approving a mediated settlement of a medical negligence claim brought against them. They further argue that it was error for the trial court to deny their motions to dismiss the underlying claim for untimeliness. Appellees/Cross-Appellants, Andrea Womack, et al., argue that it was error for the trial court to fail to award them attorney fees. Upon our review of the record, we affirm the judgment of the Greenup Circuit Court.

926
BOLAND-MALONEY LUMBER CO. INC. V. BURNETT
OPINION AFFIRMING IN PART, REVERSING IN PART AND REMANDING
** ** ** ** **
BEFORE: ACREE, STUMBO, AND WINE, JUDGES. WINE, JUDGE: The appellant, Boland-Maloney Lumber Company, Inc. (hereinafter “Boland-Maloney”), appeals to this Court from a jury verdict in a negligence action involving an injury which occurred on a staircase. Boland- Maloney argues that the appellee Douglas Burnett failed to present a prima facie case of negligence against it, that the trial court denied Boland-Maloney its fundamental right to apportionment against a dismissed codefendant, and that it is entitled to a new trial. We disagree. Douglas Burnett cross-appeals, arguing that he is entitled to a new trial on the sole issue of future medical expenses. We agree that he should be granted a new trial on the issue of future prescription medication expenses.

939
KENTUCKY RETIREMENT SYSTEMS V. FRYREAR
OPINION AFFIRMING
** ** ** ** **
BEFORE: CLAYTON AND TAYLOR, JUDGES; KNOPF,1 SENIOR JUDGE.
TAYLOR, JUDGE: Kentucky Retirement Systems (Retirement Systems) brings this appeal from a June 11, 2008, Opinion and Order of the Franklin Circuit Court reversing a final order of the Board of Trustees of the Kentucky Retirement Systems (Board of Trustees) which voided the retirement benefits of Debra Fryrear. This appeal involves the circuit court’s application of the doctrine of equitable estoppel to prevent the Retirement Systems from utilizing Kentucky Revised Statutes (KRS) 61.637 to void Fryrear’s retirement benefits. We affirm.

945
WOODS V. WESTERN KENTUCKY UNIVERSITY
OPINION AFFIRMING
** ** ** ** ** BEFORE: KELLER, STUMBO, AND VANMETER, JUDGES.
VANMETER, JUDGE: Ingrid Woods appeals from a directed verdict entered by the Warren Circuit Court in favor of Western Kentucky University (WKU) in a case of alleged race discrimination. For the following reasons, we affirm.

949
SULLIVAN VS. WOLF CREEK COLLIERIES
OPINION AFFIRMING
** ** ** ** ** BEFORE: MOORE AND NICKELL, JUDGES; HARRIS,1 SENIOR JUDGE.
HARRIS, SENIOR JUDGE: Estill Sullivan appeals from a decision of the Workers’ Compensation Board, which found that appellee, Wolf Creek Collieries, was equitably estopped from contesting the treatment of Sullivan by a specific doctor up to the date of the decision of the Administrative Law Judge (ALJ), but was not estopped thereafter. Sullivan argues that the decision of the Board to restrict the application of equitable estoppel to the date of the ALJ’s decision was arbitrary and contrary to law. We affirm.

951
TURNER V. BLUEGRASS TIRE CO., INC.
OPINION AFFIRMING
** ** ** ** ** BEFORE: CAPERTON, DIXON, AND TAYLOR, JUDGES.
DIXON, JUDGE: Harold L. Turner, Jr., seeks review of a decision of the Workers’ Compensation Board affirming an Administrative Law Judge’s order denying Turner’s motion to reopen. We affirm.

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