COA Argument Calendar for June 2007
Monday, July 16, 2007
LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
- 1:45 PM COMBS NICKELL WINE
NORTHERN KENTUCKY ELECTRIC SERVICE, INC. ET AL. VS LESLIE STONE 2006CA000306
At issue is a covenant not to compete in a breach of contract case. Appellee unilaterally added "knowing breach" to contract language. Is that addition valid and enforceable? - 2:30 PM COMBS NICKELL WINE
JAMES BAKER VS COMMONWEALTH OF KENTUCKY 2006CA000498
Drug conviction case. Appellant claims as error improper introduction of uncross-examined testimony at trial along with other allegations of insufficiency of the evidence. - 3:15 PM NICKELL COMBS WINE
LAFAYETTE FOOTBALL BOOSTERS, INC. ET AL. VS COMMONWEALTH OF KENTUCKY, 2006CA001750
Whether the appellants qualify as private organizations and are, therefore, exempt from prosecution under the Fayette county smoking ban ordinance.
Tuesday, July 17, 2007
LOCATION: BARREN COUNTY CIRCUIT COURTROOM, 2ND FLOOR, 300 COURTHOUSE SQUARE, GLASGOW, KENTUCKY
- 1:30 PM HOWARD ACREE LAMBERT
JOHN RIDLEY VS ROIANN RIDLEY 2006CA002222
Divorce; enforcement of settlement agreement; propriety of restraining order. - 2:15 PM HOWARD ACREE LAMBERT
EDIE SIMPSON VS FRANKLIN INSURANCE AGENCY, INC. ET AL. 2007CA000578
Whether the ALJ erred in making certain factual findings relating to medical evidence. - 3:00 PM LAMBERT ACREE HOWARD
ROBERT MATHIS ET AL. VS KEVIN LASLEY ET AL. 2006CA001887
Infant custody dispute; issues not clear from briefs.
LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
- 9:30 AM WINE COMBS NICKELL
RANDY GODMAN ET AL. VS CITY OF FORT WRIGHT KENTUCKY ET AL. 2006CA000696
Godmans appeal sum. judgts in favor of City revoking temporary access permit and dismissing counterclaims against City. Godmans argue (1) lack of opportunity to be heard on motion;(2) trial court granted sum. Judgt. on issues not properly pleaded; (3) inadequacy notice of revoc.; (4) revoc. improper under zoning ordinance; (5) City’s enforce. action premature; (6) ct improperly applied res judicata to claims; (7)defendants not entitled to official immunity; 8)c.ct. order exceeded scope of motion. - 10:15 AM WINE COMBS NICKELL
JOHN CARMICAL VS KEITH BULLOCK 2006CA001595
John Carmical appeals from an adverse jury verdict on his dog-bite claim against Keith Bullock. He argues that he was
entitled to a directed verdict because KRS 258.275(1) and 258.235(4) impose strict liability on dog-bite cases. - 11:00 AM WINE COMBS NICKELL
CHARLES MORRIS ET AL. VS ROB CARTER ET AL. 2006CA000733 2006CA000790
Appeal and cross-appeal from court order setting aside rezoning ordinance. On appeal, the Morrises argue that the zoning change was supported by substantial evidence and by the comprehensive plan. In its cross-appeal, fiscal court argues that the circuit court improperly applied principles of res judicata and collateral estoppel to the review. - 1:15 PM WINE COMBS NICKELL
ST. ANDREW ORTHODOX CHURCH, INC. VS ROBERT THOMPSON ET AL. 2006CA000305 2006CA000458
Appeal and cross-appeal from c. ct order reversing and remanding decision of KTBA. St. Andrew argues (1) occupies property and KBTA erred in denying tax exemption under Ky. Const.§ 170; (2) property exempt because St. Andrew is purely public charity; (3) Dept. Rev improp. promulgated policy interpreting § 170; (4)PVA’s enforce. selective; (5) KBTA’s hrg procedures violate KRS Chptrs 131 & 13B. Cross-appeal: PVA argues c. ct erred finding portion prop. is exempt and remanding for reassessment. - 2:15 PM PAISLEY THOMPSON VANMETER
LEISA VANHOOK VS BRITTHAVEN OF SOMERSET, INC. 2006CA001163
Appeal from summary judgment granted to nursing home that fired nurse. Nurse claimed she was fired for reporting neglect and abuse.
Wednesday, July 18, 2007
LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
- 9:30 AM NICKELL ABRAMSON KNOPF
JAMES DAVIS ET AL. VS FISCHER SINGLE FAMILY HOMES, LTD. ET AL. 2006CA000005; 2006CA000038; 2006CA000074
Direct :Whether trial court erred in awarding separate sets of peremptory challenges for each of two defendants; refusing to permit examination of defense witness; admitting letter from employee of Dept. of Housng to defense counsel; admitting evidence of industry standards where same were peempted by legislative enactment ; excluding evidence of similar problems in other homes in same neighborhood; etc. Cross appeal: Whether trial court erred in instructing jury regarding damages.
LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON, LOUISVILLE, KENTUCKY
- 9:30 AM THOMPSON GRAVES MOORE
KENNETH DAWSON ET AL. VS JEWISH HOSPITAL HEALTHCARE SERVICES,
INC. 2006CA001241; 2006CA001501
After this malpractice jury trial, the jury found in favor of Jewish Hospital. Dawson complains as to the trial court’s exclusion of evidence and assessment of costs for attendance of Jewish Hospital’s expert witnesses at their depositions. - 10:15 AM THOMPSON GRAVES MOORE
T.N.H. VS J. L. H. ET AL. 2006CA001288 2006CA001736
Mother appeals from an order terminating her parental rights alleging that the Cabinet could not petition for termination because there had not been a prior adjudication that the child was abused, neglected, or dependent and she challenges the sufficiency of the evidence to support termination. The Cabinet filed a separate appeal from an order requiring it to pay
appellate costs and retain and pay appellate counsel for the mother who was a minor ward of the Cabinet. - 11:00 AM THOMPSON GRAVES MOORE
JOSEPH CODISPOTI ET AL. VS FIRST FINANCIAL INSURANCE COMPANY ET AL. 2006CA001552
Owner of car dealership while driving vehicle to Indianapolis to sell at auction, entrusted vehicle to non-employee who caused injury accident. Summary judgment granted to insurance carrier based upon exclusion of non-coverage of employees. Codispoti complains that insurance coverage should apply. - 11:45 AM MOORE HENRY THOMPSON
MAXWELL GERSH VS SAMANTHA BOWMAN 2006CA001566
Did trial court err in submitting issue of punitive damages to jury?
