COA: August 4, 2017 Court of Appeals Decisions (Minutes)

Nos. 668-692: 25 Decisions Posted with 3 decisions designated 'to be published'

PUBLISHED DECISIONS:

670.  Mechanics Lien.  Affirmed Jefferson Circuit Court’s order granting summary judgment to Brown Capital, Ltd., and Noltemeyer Capital, Ltd., doing business as Brown Noltemeyer Company, as well as a subsequent order releasing Brown Noltemeyer’s bond.
Prodigy Construction vs. Brown Capital, LTD

677.  Arbitration.  Affirmed order and judgment of the Jefferson Circuit Court confirming an arbitration award related to unpaid brokerage and agent fees arising from a real estate transaction.
Meers v. Simonin Realtors

684.  Kentucky Disability.  Reversed & remanded Kentucky Retirement Systems denial of  Ms. Jett disability retirement benefits.
Jett v. Kentucky Retirement Systems

Selected cases that were not designated for publication in tort, insurance and civil law.

671.  Arbitration. Power of Attorney. Reversed the trial court and noted per Whisman that a power of attorney needs something more specific than such a broad grant of authority to effectively include the authority to enter into an enforceable arbitration agreement, Whisman was reversed in this respect by the United States Supreme Court. Kindred Nursing Centers Ltd. Partnership v. Clark, 137 S.Ct. 1421, 1429 (2017).
Diversicare Healthcare Services v. Riley, Executor Estate of Thomas Riley, Sr.

672.  Fraud.
Wigginton v. Daniel Boone Log Homes

678.  Premises Liability.  Duty and standard of care owed to independent contractor electrocuted while working on premises.
Cornett v. Labreveux

679.  Continuance.  In claim against KFC for improper preparation and contamination of food, affirmed trial court’s dismissal of claims after plaintiff’s request for a continuance was denied
Marshall v. Lexington Foods of Elizabethtown

685.  Interpleader.  Affirmed agreeingwith the trial court that Allstate was properly dismissed from the case as a matter of law that once an insurance company pays proceeds into the court, it is discharged from further liability and obligation.
Gibson v.  Allstate Indemnity Co.

686.  Medical Negligence.  Affirmed jury verdict in favor of physicians on claims of failure to diagnose.
Mitchell v. Baptist Physicians Lexington, Inc.

MNT08042017

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.