COA 2010 Minutes: April 30, 2010 (Nos.415-442)

COA 2010 Minutes: April
30, 2010 (Nos.415-442)

  • Above link to minutes is full text of minutes with link to full text
    of each decision.
  • 27 decisions
  • Published Decisions:  1

PUBLISHED DECISIONS WITH SHORT SYNOPSIS AND LINK TO FULL TEXT OF
EACH:

423
COBB (ROBERT) VS. COMMONWEALTH OF KENTUCKY
OPINION REVERSING AND REMANDING
WINE (PRESIDING JUDGE) CLAYTON (CONCURS AND FILES SEPARATE OPINION) AND TAYLOR (DISSENTS)
2009-CA-000193-MR
TO BE PUBLISHED
FULTON

WINE, JUDGE: Robert Cobb appeals from an order of the Fulton Circuit Court denying his motion to set aside his conviction pursuant to Kentucky Rule[s] of Criminal Procedure (“RCr ") 11.42. He contends that his trial counsel provided ineffective assistance by failing to request a Batson1 hearing challenging the Commonwealth’s use of peremptory challenges. The circuit court found that a Batson hearing was “likely” held in this case and that Cobb has shown no prejudice. However, these findings are clearly erroneous. Therefore, for the reasons stated herein, we reverse and remand.

1    Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69
(1986).

CIVIL, TORT, PROCEDURE DECISIONS:

416 – ESTATES, WRONGFUL DEATH, CONTINGENT FEE
YEAGER (DONNA), AS EXECUTRIX OF THE ESTATE OF STACEY CLISE
VS.
CLISE (RICHARD)
OPINION AFFIRMING
THOMPSON (PRESIDING JUDGE)
STUMBO (CONCURS) AND WINE (CONCURS)

THOMPSON, JUDGE: Donna Yeager, Executrix of the Estate of Stacey Clise and Mother and Next Friend of Jacob Clise, hereinafter the “Estate,” appeals from orders of the Grant Circuit Court dismissing the Estate’s tort claims arising from a school bus crash and for a declaratory judgment regarding a contingency fee agreement. Concluding that the trial court committed no error, we affirm.

425 – STATUTE OF LIMITATIONS, TORTS, AMENDING PLEADINGS
COCHRAN (JERRY)
VS.
PREMIER CONCRETE PUMPING, INC.
OPINION AFFIRMING
STUMBO (PRESIDING JUDGE)
VANMETER (CONCURS) AND TAYLOR (DISSENTS AND FILES SEPARATE OPINION)
2009-CA-000457-MR
NOT TO BE PUBLISHED
JEFFERSON

STUMBO, JUDGE: Jerry Cochran appeals two orders of the Jefferson Circuit Court. One allowed Premier Concrete to amend its Answer to assert the affirmative defense of statute of limitations. The other order granted summary judgment in favor of Premier Concrete. Cochran argues that Premier Concrete should not have been allowed to amend its Answer and that summary judgment should not have been granted. We find no error and affirm.

430 – WORKERS COMP AND UP THE LADDER DEFENSE
FORBES (ANDREW), ET AL.
VS.
DIXON ELECTRIC, INC.
OPINION AFFIRMING
KNOPF (PRESIDING JUDGE)(SENIOR STATUS JUDGE)
CLAYTON (CONCURS) AND NICKELL (CONCURS)
2009-CA-000834-MR
NOT TO BE PUBLISHED
FAYETTE

KNOPF, SENIOR JUDGE: Andrew and Betty June Forbes have appealed from a summary judgment of the Fayette Circuit Court in favor of Dixon Electric, Inc.  The circuit court held that Dixon Electric was entitled to up-the-ladder immunity afforded by KRS 342.610 of Kentucky’s Workers’ Compensation Act. We affirm.

442 WORKERS COMP MEDICAL FEE DISPUTE
AMERICAN NURSING CARE, INC.
VS.
JENKINS (MARY ANN), ET AL.
OPINION AFFIRMING
DIXON (PRESIDING JUDGE)
NICKELL (CONCURS) AND KNOPF (SENIOR STATUS JUDGE) (CONCURS)
2009-CA-002093-WC
NOT TO BE PUBLISHED

DIXON, JUDGE: American Nursing Care, Inc. (ANC) seeks review of a decision of the Workers’ Compensation Board. The Board affirmed an administrative law judge’s order sustaining a medical fee dispute in favor of ANC’s former employee, Mary Ann Jenkins. Finding no error, we affirm.

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