COA Argument Calendar for October 2009 – Dates; Oct 5, 7, 8, 15 and 20, 2009

Here is a shortened version of this month's 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).

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE

COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Monday, October 5, 2009

01:00 PM
GARY EUGENE MONEY v RENEE MONEY
This appeal arises from a Taylor Circuit Court dissolution of marriage. On appeal, the husband alleges that the trial court erred by assigning him a post-settlement undisclosed marital debt. On cross appeal,the wife argues that the settlement agreement was unconscionable.

01:45 PM
AIMEE WILLIAMS v TIMOTHY BITTEL
Aimee and Matt Williams appeal from Daviess Circuit Court Judgment denying their request for a modification of custody following an adoption.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Wednesday, October 7, 2009

09:15 AM ACREE, HON. GLENN E.
J. S. v COMMONWEALTH OF KENTUCKY
Juvenile; Delinquency: Whether removing child from home was in accordance with Kentucky Juvenile Code.

09:15 AM ACREE, HON. GLENN E.
J. S. v COMMONWEALTH OF KENTUCKY
Juvenile; Delinquency: Whether removing child from home was in accordance with Kentucky Juvenile Code.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Thursday, October 8, 2009

10:45 AM HENRY, HON. MICHAEL L.
MICHAEL HUDSON v CSX TRANSPORTATION, INC.
Appeal from a jury verdict and judgment of the Jefferson Circuit Court in favor of CSX in a lawsuit brought under the Federal Employer’s Liability Act. Hudson argues that the court erred by excluding evidence relating to his exposure to the solvent trichloroethylene during his employment with CSX.

11:30 AM HENRY, HON. MICHAEL L.
INTER-TEL, INC. v LINN STATION PROPERTIES, LLC
Appeal from the Jefferson Circuit Court’s entry of summary judgment in favor of Linn Station. The judgment allowed Linn Station to pierce Appellants’ corporate veil and to establish their liability for payment of Linn Station’s default judgment against another corporation.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Thursday, October 15, 2009

10:45 AM WINE, HON. THOMAS B.
RANDY STONE v COMMONWEALTH OF KENTUCKY
Stone appeals from a conviction for 1stº unlawful transaction w/ a minor. Sufficiency of the evidence; denial of mistrial based on prosecutorial misconduct and errors in reading instructions; exclusion of impossibility as a defense; denial of instructions on lesser included offenses and entrapment; limitation on defense closing argument.

LOCATION: LEWIS COUNTY JUSTICE CENTER, CIRCUIT COURTROOM, THIRD
FLOOR, 94 SECOND STREET, VANCEBURG, KENTUCKY
DATE: Tuesday, October 20, 2009

10:30 AM KELLER, HON. MICHELLE M.
CUMBERLAND RIVER REG.MENTAL HLTH.MENTAL RETARDATION BD.,INC. v MICHAEL SHELIGA
This case arises from conduct by Cumberland River’s employees that led to Sheliga’s involuntary admission to the mental ward at Appalachian Regional Hospital. Cumberland River appeals from a jury verdict and judgment in favor of Sheliga. Cumberland argues number errors occurred regarding the admission/exclusion of evidence; the court submitted faulty instructions to the jury; and the court erred when it denied Cumberland River’s motions for summary judgment and a directed verdict.

11:15 AM
TAYLOR, HON. JEFF S.
MICHAEL WAYNE ASHLEY v COMMONWEALTH OF KENTUCKY
Whether trial court improperly admitted certain evidence at trial.

01:45 PM TAYLOR, HON. JEFF S.
APPALACHIAN REGIONAL HEALTHCARE, INC. v RAY TYLER VANHUSS
Whether circuit court erred by excluding evidence; whether damages were excessive.

02:30 PM TAYLOR, HON. JEFF S.
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.

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