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

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


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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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