COA 2010 Minutes July 30, 2010 (Nos. 729-747)

COA 2010 Minutes July 30,
2010 (Nos. 729-747)

  • Above link to minutes is full text of minutes with link to full
    text
    of each decision.
  • Total number of decisions:  19
  • Published Decisions:  4 (731, 732, 735, 741)
  • Tort, Civil, Insurance, Workers Compensation: 
    • 732. Torts.
    • 738. Appeals.
    • 740. Torts, slip and fall.
    • 746. WORKERS COMPENSATION

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

731. OPEN RECORDS REQUEST FOR PROSECUTOR'S PERSONNEL FILE DEEMED PROPER.
VALENTINE (GREGORY)
VS.
PERSONNEL CABINET, ET AL.
OPINION AFFIRMING
CAPERTON (PRESIDING JUDGE)
STUMBO (CONCURS) AND LAMBERT (CONCURS)(SENIOR STATUS JUDGE)
2008-CA-001947-MR
TO BE PUBLISHED
FRANKLIN

CAPERTON, JUDGE: Gregory Valentine appeals from the Franklin Circuit Court’s Opinion and Order entered September 19, 2008, wherein the court determined that Valentine’s request under the Kentucky Open Records Act for the personnel file of the prosecuting attorney in his criminal case would amount to a “clearly unwarranted invasion of personal privacy” under the exclusion in KRS 61.878(1)(a). Accordingly, the court reversed the Attorney General’s opinion stating that Valentine was entitled to said records, and dismissed Valentine’s complaint. After a thorough review of the parties’ arguments, the record and the applicable law, we find no error and, accordingly, affirm the opinion and order of the circuit court.

732. TORTS. PREMISES LIABILITY.  RESIDENTIAL LANDLORD AND LEASED PREMISES.
JAIMES (THERESA)
VS.
THOMPSON (MICHAEL D.)
OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
KELLER (CONCURS) AND LAMBERT (CONCURS)
2008-CA-002355-MR
TO BE PUBLISHED
JEFFERSON

ACREE, JUDGE: Appellant, Theresa Jaimes, seeks reversal of the Jefferson Circuit Court’s grant of summary judgment denying her recovery for injuries sustained when she slipped and fell on property owned by the appellee. The appellee, Michael Thompson, did not retain control of the premises where Theresa Jaimes’ injury occurred. Therefore, he is not liable and the decision of the Jefferson Circuit Court is affirmed.

735
STEEN (JARED R.)
VS.
COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
STUMBO (CONCURS) AND LAMBERT (CONCURS)(SENIOR STATUS JUDGE)
2009-CA-000070-MR
TO BE PUBLISHED
JEFFERSON

ACREE, JUDGE: Appellant, Jared R. Steen, seeks reversal of the Jefferson Circuit Court’s decision denying his motion for a directed verdict. He was sentenced to five years’ imprisonment for the offense of manslaughter, and eight days for driving under the influence. Steen contends there was insufficient evidence for a reasonable juror to find him guilty. We disagree, and affirm the convictions.

741. STATUTE OF LIMITATIONS. SURETY ON PERFORMANCE BOND.
FIVE STAR LODGING, INC.
VS.
GEORGE CONSTRUCTION, LLC. , ET AL.
OPINION AFFIRMING
THOMPSON (PRESIDING JUDGE)
MOORE (CONCURS) AND HENRY (CONCURS)
2009-CA-000990-MR
TO BE PUBLISHED
FAYETTE

THOMPSON, JUDGE: The issue presented is whether an action against a surety on a performance and payment bond was barred by a two-year time limitation contained in the bond. We agree with the trial court that the action was barred and affirm.

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