COA Argument Calendar for August 2009

Here is a shortened version of the June COA Argument calendar.  Click here for the entire PDF calendar with dates, times, locations, case numbers, lower court, appellate and trial judges, etc.

Note if there is a name after the time, then that is the presiding judge on the case (the one who usually writes the opinions).

Dates are Aug. 3, 4, 5, 12 and 18. "MOR" is an appeal as a "matter of right".

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Monday, August 3, 2009

01:45 PM
TYLER SIMS v WEYERHAEUSER COMPANY
1) Summary judgment granted on case involving express disclaimer regarding alleged material
misrepresentations concerning indoor air quality. 2) Summary judgment granted to appellee
Weyerhaeuser on issue of breach of duty of care of harmful product.

02:30 PM
RICKY LYNN ESTES v TROY THOMPSON
Trial court granted summary judgment finding that appellee was an employee acting within the scope of his employment and that workers compensation was the exclusive remedy.

03:15 PM
WILLIAM CHARLES WOLEJSZA v PATTIE MARIE WOLEJSZA
Dissolution of marriage; second time to COA from remand concerning property issues; court failed to
follow mandate of COA; court erred by failing to make findings of fact and conclusions of law; court erred by failing to assign credit to the Appellant for the mortgage payments made by him.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Tuesday, August 4, 2009

01:00 PM
MISTY GLASSON v Dr MUHAMMAD RIZWAN AFZAL
Appellant alleged sexual battery; however, a jury found in favor of the appellees. Appellant alleges on
appeal that the trial judge granted the appellees too many peremptory challenges; improperly admitted reputation and medical evidence;and permitted improper statements by appellees during closing argument.

01:45 PM
PHILIP J. GOODMAN v GOLDBERG & SIMPSON, P.S.C.
Appeal from a summary judgment where trial court dismissed common-law tort claims based on fraud.
Appellant argues that there was sufficient evidence of record to overcome Appellee’s motion for
summary judgment.

03:00 PM TAYLOR, HON. JEFF S.
RAYCINE LOVE v COMMONWEALTH OF KENTUCKY
Whether circuit court erred by ordering appellant’s sentences of imprisonment to be served
consecutively.

03:45 PM TAYLOR, HON. JEFF S.
JEFFERY L. CARPENTER v COMMONWEALTH OF KENTUCKY
Whether circuit court properly denied appellant’s RCr 11.42 motion to vacate sentence.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Wednesday, August 5, 2009

10:45 AM STUMBO, HON. JANET L.
DEPARTMENT OF REVENUE, FINANCE AND ADMINISTRATION CABINET v A T & T CORPORATION
MOR appeal from judgment of circuit court reversing the decision of the Kentucky Board of Tax Appeals.  Proper interpretation of multiple sections of KRS 141.040 and 141.200.

11:30 AM STUMBO, HON. JANET L.
HENRY K. JARRETT III v WILLIAM DENNIS SIMS
MOR appeal from summary judgment in wrongful attachment/garnishment, abuse of process and
negligence. Issues include, whether summary judgment was properly granted and whether garnishment
was lawful with good cause or excessive, and whether cause of action exists for violation of KRS
411.080.

11:30 AM STUMBO, HON. JANET L.
HENRY K. JARRETT III v WILLIAM DENNIS SIMS
MOR appeal from summary judgment in wrongful attachment/garnishment, abuse of process and
negligence. Issues include, whether summary judgment was properly granted and whether garnishment
was lawful with good cause or excessive, and whether cause of action exists for violation of KRS
411.080.

01:30 PM
WINE, HON. THOMAS B.
BOLAND-MALONEY LUMBER COMPANY, INC. v DOUGLAS BURNETT
Negligence case arising from Appellee’s fall on stairwell at a construction site. He alleges that a
subcontractor on the job improperly roughed in a staircase on the site.

02:15 PM WINE, HON. THOMAS B.
MARTIN GOLDSMITH v FIFTH THIRD BANK
Appeal from grant of summary judgment in favor of Fifth Third Bank on four properties owned by
Appellant Goldsmith. Fifth Third foreclosed on Goldsmith’s properties while he was incarcerated.
Appeal raises numerous concerns regarding waiver, standing, and the conveyance of real property.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Wednesday, August 12, 2009

01:00 PM LAMBERT, HON. JOSEPH E.
BILLY REED v COMMONWEALTH OF KENTUCKY
Direct appeal from judgment convicting appellant of second degree manslaughter. Issues include
whether trial court properly denied appellant’s motion to quash indictment and motion to dismiss wanton murder charge, and whether the trial court properly admitted evidence, including medical records and a 911 call.

01:45 PM LAMBERT, HON. JOSEPH E.
HOLLY CREEK PRODUCTION CORP. v DOWIE BANKS
Case involves breach of contract of and oil and gas lease – appeal is from decision granting damages
for termination of the lease, including compensatory punitive damages. Issues include whether a default judgment should have been set aside and whether the trial court properly permitted amendment of pleadings to assert new claims at hearing on damages.

01:45 PM LAMBERT, HON. JOSEPH E.
HOLLY CREEK PRODUCTION CORP. v DOWIE BANKS
Case involves breach of contract of and oil and gas lease – appeal is from decision granting damages
for termination of the lease, including compensatory punitive damages. Issues include whether a default judgment should have been set aside and whether the trial court properly permitted amendment of pleadings to assert new claims at hearing on damages.

LOCATION: LIVINGSTON COUNTY JUSTICE CENTER, 122 WEST ADAIR STREET,
SMITHLAND, KENTUCKY
DATE: Tuesday, August 18, 2009

10:00 AM HARRIS, HON. WILLIAM R.
HART COUNTY BANK AND TRUST COMPANY v TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS
Appeal from an order of condemnation where Appellant argues that the DOT failed to negotiate in good
faith prior to the condemnation hearing and that the trial court failed to provide sufficient time to prepare for the hearing.

10:45 AM MOORE, HON. JOY A.
GAIL LAMB v BRANCH BANKING AND TRUST COMPANY
Appellant argues that the trial court erred in granting Appellees’ CR 12.03 motions. Appellant seeks
reversal regarding whether banks are subject to negligent misrepresentation claims; justificable reliance claims; and dismissal of a third party defendant prior to any discovery taking place regarding his participation in the underlying matter.

11:30 AM MOORE, HON. JOY A.
RUBEN VAUGHN v CITY OF PADUCAH
Appellant, a civil servant employee, contends the trial court erred in granting partial summary judgment to Appellee because the trial court did not use standards set forth in a collective bargaining agreement in evaluating whether Appellant was properly discharged.

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