COA: December 15, 2017 Court of Appeals Decisions (Minutes)

Nos. 1037 - 1053 -- 17 Decisions Posted with 3 decisions designated for publication


1038.  Rule 11.  Affirmed trial court’s Rule 11 sanctions.
Large v. Oberson

1039.  Torts.  Defamation.  Affirmed summary judgment dismissing defamation  action .  No discovery.
National College of Kentucky, Inc. v. Wave Holdings, LLC

1045.  Negligent hiring/retention.  Higher standard for carriers.
Kendall v. Godbey

Since genuine issues of material fact exist as to whether Community Cab properly vetted Abukar prior to employing him, we hold that summary judgment was improperly granted and remand this matter to the trial court for a continuation of the litigation concerning the legal malpractice. In making this determination, we are proffering no opinion as to the ultimate result of the litigation but merely indicating that summary judgment was premature.

Selected cases that were not designated for publication in tort, insurance and civil law. None.

1037.  Summary judgment and timing of discovery
Krohn v. Meuser

1044.  Affirmed dismissal of wrongful use of civil process.
The Getty Law Group v. Bowles, Rice, McDavid, Graff & Love

1046.  Tresspass.  Affirmed award of $19,402.22 in damages on claims of trespass to chattel and trespass to personal property.
Stanley v. Knuckles

1047.  Wrongful death claim when decedent fell into a septic tank sinkhole and died presented a host of issues from wrongful death, municipal immunity, independent contractor etc.
Estate of Dorothy Brown v. Louisville/Jefferson County Metropolitan Sewer District

1048.  Torts. Workplace sexual harassment, hostile work environment, and retaliatory discharge.
Gibson v. H&J Restaurants, LLC

1051.  Immunity and negligence claim against prison security officers.
Collins v.  Vandiver

1052.  Premises liability, immunity and schools.
Sergent v. Murphy

1053.  Claims of breach of contract, promissory estoppel, and intentional infliction of emotional distress (IIED)
Watson v. Jargoe Homes

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 (if not already marked on first page of decision after publication), amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.   Click Court of Appeals Minutes for entire listing of weekly minutes.



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.”)