COA Argument Calendar for JUNE 2010

Click HERE
for JUNE 2010 oral argument calendar at Court of Appeals.

Dates: 

  • June 9, 11, 28 (Louisville)
  • June 24 (Warsaw)

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

DATE:    Tuesday, June 8, 2010

2:15 pm

ZEOCHEM, LLC v SUD-CHEMIE, INC.
Appeal from a summary judgment involving a dispute as to existence of a contract implied in law versus an express contract. Appellant also claims that an issue of material fact exists with respect to certain defenses that it had asserted, thus rendering summary judgment premature.

3:00 pm

JOSEPH E. FLOCK v BROWN-FORMAN CORPORATION
Wrongful termination case where employee is claiming that employer fired him because of his age (60), because of his gender (male), and in retaliation for complaining about discrimination

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

DATE:    Wednesday, June 9, 2010

10:00 AM

ROY GIBSON v KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY
Civil; Insurance Fraud: Trial issues whether it was error to permit persons insured my KFB to sit on the jury. Whether certain hearsay testimony was property admitted. Whether jury instructions were proper. Whether award of costs of investigation was proper.

10:45 AM

KIMBALL LIVESAY v TIMOTHY SCOTT STATTS
Civil: Whether Family Court properly interpreted the marriage settlement agreement. Whether family court erred by not enforcing the information sharing requirements of the MSA and shifting burden of discovery to appellant. Whether family court properly denied appellant’s request for costs and fees.

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

DATE:    Friday, June 11, 2010

1:30 PM

SANDRA GRISSOM PHILLIPS v HIGHLAND PRESBYTERIAN CHURCH, INC.
Whether circuit court erred by finding that an easement appurtenant in the alley was extinguished and appellee owns alley in fee simple. 2009-CA-000432 – Whether circuit court erred by not applying the merger doctrine.

LOCATION: GALLATIN COUNTY COURTHOUSE, COURTHOUSE B, 100 MAIN STREET, WARSAW, KENTUCKY

DATE:    Thursday, June 24, 2010

12:00 PM

FIVE STAR LODGING, INC. v GEORGE CONSTRUCTION, LLC.
The issue on this appeal involves liability on a bond following entry of a default judgment against its insured, the appellee.

12:45 PM

DANIELLE N. BIDWELL v SHELTER MUTUAL INSURANCE COMPANY
Appellant appeals from a summary judgment in favor of appellee arguing that this Court should recognize the permissive user “step-down” provision in the insurance policy issued by appellee. The validity of step-down provisions applicable to permissive users is a matter of first impression.

1:30 PM

JOHN MULLINS v NORTHERN KENTUCKY INSPECTIONS, INC.
Home purchaser alleges damages against home inspector. The issue presented is whether the clause limiting damages in the contract for home inspection is void as against public policy.

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

DATE:    Monday, June 28, 2010

10:00 AM

BROWN SPRINKLER CORPORATION v SOMERSET- PULASKI COUNTY DEVELOPMENT FOUNDATION, INC.
Brown Sprinkler Corp. appeals from summary judgment which dismissed its claim in quantum meruit for improvements Brown Sprinkler made in the amount of $59,900.00 on the Appellee’s property. Brown Sprinkler argues that the trial court erred when it concluded that it had an adequate legal remedy available by filing a valid mechanic and materialman’s lien under KRS 376.010.

10:45 AM

MATTHEW YORK v PETZL AMERICA, INC.
Personal injury/indemnity/arbitration.

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