COA Argument Calendar for December 2009

COA Argument Calendar for December 2009 (click here for detailed calendar)

Dates:  Dec. 15 and 16, 2009

LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR,
120 NORTH LIMESTONE, LEXINGTON, KENTUCKY

DATE: Tuesday, December 15, 2009

01:00 PM
NELLIE ELLISON v KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY

Civil; Insurance: Whether trial court properly refused to allow jury to decide whether to award plaintiff future medical costs as part of damages; whether dismissal of co-defendant was proper; whether incident giving rise to cause of action was covered by insurance.

01:45 PM
BOON EDAM. INC. v EVELYN SAUNDERS

Product liability; expert testimony; defective condition unreasonably dangerous; directed verdict; pain and suffering.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,

DATE: Tuesday, December 15, 2009

03:00 PM
S. M. v CABINET FOR HEALTH AND FAMILY SERVICES

Appellant challenges Family Court determination that a child was abused or neglected after having been entrusted to an “appropriate” relative by an unavailable parent. Appellant alleges total lack of evidence to sustain the finding.

03:45 PM
DEAN CVITKOVIC v Dr DANIEL FREEMAN

Whether circuit court erred by granting summary judgment and dismissing appellants’ claims for violation of the Whistleblower Act, the Ky. Constitution and KRS 344.040.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY

DATE: Wednesday, December 16, 2009

01:00 PM
JOHN WESLEY BRETT v MEDIA GENERAL OPERATIONS, INC.

Appeal from a summary judgment in favor of employer in a wrongful termination etc. case where employee argues there are issues of material fact. Appeal is also taken from an order approving appellee’s bill of costs.

01:45 PM
WOMBLES CHARTERS, INC. v JONATHAN GAY

Appeal from a summary judgment on a claim of intentional interference with contract and abuse of process by executing on a judgment debtor’s collateral in which judgment debtor allegedly had no equity. Appellant argues that issues of material fact exist.

02:30 PM
JANE KINCAID v JOHNSON, TRUE & GUARNIERI, LLP

Motion to dismiss one or both appeals pending; appeal involves contested attorney fees from the management of various trusts.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,

DATE: Wednesday, December 16, 2009

10:00 AM
CHRISTINA M. FREITAG v BLACK DIAMOND TERMITE & PEST CONTROL

Whether circuit court properly rendered summary judgment dismissing breach of contract action. 2008-CA-001770 – Whether appellant’s direct appeal was timely filed.

10:45 AM
HARVEST HOMEBUILDERS LLC v COMMONWEALTH BANK AND TRUST COMPANY

Whether circuit court properly rendered judgment for deficiency in foreclosure action.

11:30 AM
JUAN L. HUNT v COMMONWEALTH OF KENTUCKY

Whether KRS 532.055 is unconstitutional.

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