Hardin County Court House. Elizabethtown, Kentucky. Photo by Mike Stevens. This may be a repeat. Sorry.
The Kentucky Court of Appeals announced 23 decisions on December 24, 2014, with 2 opinions designated to be published.
The two published cases are:
1144. Criminal Law. Affirming denial of early release for medical attention (shock probation)
Ramsey vs. Commonwealth of Kentucky
COA Published 12/24/2014
Opinion Affirming; Jefferson County
CLAYTON, JUDGE: Anthony J. Ramsey appeals from the October 24, 2013, order of the Jefferson Circuit Court which denied Ramsey’s motion for Kentucky Rules of Civil Procedure (CR) 60.02 relief. We affirm.
1145. Family Law. Affirming termination of parental rights of child.
E.(S.L.C.) vs. Cabinet for Health and Family Services
COA Published 12/24/2014
Opinion Affirming; Jefferson County
LAMBERT, JUDGE: S.L.C.E. (the mother) appeals from the Jefferson Family Court’s order terminating her parental rights to her child, A.A.S (the child). After careful review, we affirm.
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1127. Insurance. Choice of Law. UIM (Underinsured motorist benefits). Affirming trial court’s application of Virginia law and policy regarding offset for liability insurance.
Ward vs. Nationwide Assurance Co.
COA NPO (non published opinion) 12/24/2014
Opinion Affirming; Jefferson County
ACREE, CHIEF JUDGE: This matter is before us on remand from the Kentucky Supreme Court to reconsider our previous opinion in light of the Supreme Court’s decision in State Farm Mutual Auto Insurance Company v. Hodgkiss-Warrick, 413 S.W.3d 875 (2013). Upon further consideration, we conclude the public-policy exception to our traditional conflicts-of-law analysis offers no safe harbor to the appellant under the specific facts of this case and, therefore, the circuit court correctly determined that Virginia law governs this dispute.
1131. Torts. Medical negligence. Fall prevention plan and causation for fall when patient left bed at hospital.
Martin vs. Our Lady of Bellefonte Hospital
COA NPO 12/24/2014
Opinion Affirming; Greenup County
THOMPSON, JUDGE: Larry Martin and Cathy Martin (collectively Martin) appeal from the orders granting summary judgment to Our Lady of Bellefonte Hospital, Inc. (the hospital) and denying Martin’s motion to alter, amend or vacate.
1136. Torts. Affirmative Defenses. Qualified Official Immunity.
Logan vs. Milliner
COA NPO 12/24/2014
Opinion affirming in part, vacating in part, and remanding; Owen County
MAZE, JUDGE: David L. Raleigh and Dan Logan bring this interlocutory appeal from an order of the Owen Circuit Court denying their motion to dismiss negligence claims brought against them in their official and individual capacities.
We agree with the trial court that there are factual issues regarding whether Logan is entitled to qualified official immunity in his individual capacity. However, we conclude that Logan and Raleigh are clearly entitled to immunity from suit in their official capacities, and that Raleigh is entitled to qualified official immunity in his individual capacity. Hence, we affirm in part, reverse in part, and remand for further proceedings.
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