COA Argument Calendar for Feb. 2009 – Dates, times, locations, case names, issues, panel, and lower court/county referenced

<p>LOCATION</p>

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

9:00 AM BUCKINGHAM DIXON NICKELL 
CIVIL
2008CA001056 CITY OF PIKEVILLE ET AL. VS PIKE COUNTY, KY. ET AL.
Election contest/alleged voting irregularities/annexation.
PIKE COUNTY EDDY COLEMAN

1:15 PM KNOPF LAMBERT, (JAMES) VANMETER
CRIMINAL
2008CA000202 SARAH TAYLOR VS COMMONWEALTH OF KENTUCKY
Criminal Direct appeal; reckless homicide; issues: (1) did trial court erroneously limit cross-examination & evidence re: shaken baby syndrome? (2) did trial court erroneously prevent Taylor from questioning expert’s bias per KRE 703?
FAYETTE COUNTY SHEILA R. ISAAC

LOCATION: NELSON COUNTY JUSTICE CENTER, DISTRICT COURTROOM B, 200
NELSON COUNTY PLAZA, BARDSTOWN, KENTUCKY

10:30 AM COMBS CAPERTON CLAYTON
CIVIL
2007CA002545 WILLIAM PORTER ET AL. VS SHELBYVILLE CEMETERY COMPANY ET AL.
Appeal is from a dismissal of a lawsuit for lack of standing against a cemetery seeking t0 enforce compliance with its corporate charter and bylaws.
SHELBY COUNTY CHARLES R. HICKMAN

11:15 AM CAPERTON COMBS CLAYTON
CIVIL
2008CA000564 JOSEPH HARDESTY ET AL. VS SCOT-BILT HOMES, INC. ET AL.
Implied warranty of habitability.
JEFFERSON COUNTY JUDITH E MCDONALD-BUR

1:30 PM CLAYTON COMBS CAPERTON
CIVIL
2008CA000622 PINE TREE VILLA, LLC ET AL. VS CARLA OLSON
Appeal of trial court’s decision which denied appellant’s motion to enforce an Alternative Dispute Resolution Agreement concerning a long term care negligence claim.
JEFFERSON COUNTY MARTIN F MCDONALD

LOCATION: WESTERN KENTUCKY UNIVERSITY, MASS MEDIA AND TECHNOLOGY
HALL, ROOM 166, NORMAL DRIVE, BOWLING GREEN, KENTUCKY

1:30 PM STUMBO TAYLOR GRAVES
CIVIL
2008CA000780 BRENT WASSON VS KENNETH MORRIS
Appeal from summary judgment on claim that Sheriff failed to relay to state trooper danger of domestic call resulting in trooper’s near fatal injury; issues include did special relationship exist between sheriff and Trooper; assumption of risk by trooper, and: sovereign or qualified immunity. BUTLER COUNTY RONNIE C DORTCH

2:15 PM TAYLOR STUMBO GRAVES
WORKERS COMP
2008CA001923 WILLIAM LYONS ET AL. VS OLD CHICAGO PIZZA ET AL.
Whether ALJ properly denied petition for attorney fees. 
WORKERS' COMP COUNTY WILLIAM BRUCE COWDEN

LOCATION: KENTON COUNTY JUSTICE CENTER, 230 MADISON AVENUE,
COVINGTON, KENTUCKY

10:00 AM MOORE KELLER THOMPSON
2007CA002599 GENEVA HAGER VS ALLSTATE INSURANCE COMPANY
Insurance bad faith claim where the jury returned a verdict finding Appellee did not violate KRS 304.12-230 in negotiating, investing and evaluating Appellant’s claim. Appellant also appeals the trial court’s failure to certify a class of similarly situated individuals.
FAYETTE COUNTY THOMAS L CLARK

11:15 AM THOMPSON KELLER MOORE
DR CIVIL
2007CA002562 HOUSING AUTHORITY OF COVINGTON VS CLARISSA TURNER
On discretionary review, the Housing Authority appeals the judgment of the Kenton District Court denying the appellant an eviction of appellee and argues that federal law preempts KRS 383.660 of the Uniform Residential Landlord Tenant Act. Appellant alleges that the tenant’s nephew was in possession of drugs on the premises and under their one strike and out policy the appellee must be evicted. Appellee argues that she remedied the problem by barring her nephew from the premises. 
KENTON COUNTY PATRICIA M SUMME

1:30 PM KELLER MOORE THOMPSON
CIVIL
2008CA000255 MISTY GLASSON VS MUHAMMAD AFZAL ET AL.
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.
CAMPBELL COUNTY FRED A STINE V

2:15 PM KELLER MOORE THOMPSON
CIVIL
2007CA001978 EUGENE GOSS ET AL. VS JOHN DOE #1-37 ET AL.
Legal malpractice claim arose from Lexington Micro City Govt child abuse cases. Issue is whether malpractice claims of the "Doe’s" are ripe for adjudication. Trial court held that they are not. Appellants and Appellees argue that the case is ripe for adjudication. Appellants argue trial ct erred when it found attorney-client relationship existed between attys and "Doe's." Appellees argue trial ct erred when it found, if ripe, "Doe's" did not suffer damage because they received re-dress of claims.
FAYETTE COUNTY PAMELA R GOODWINE

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