COA: December 22, 2017 Court of Appeals Decisions (Minutes)

Nos. 1051-1071 -- 18 Decisions Posted with 2 decisions designated for publication

PUBLISHED DECISIONS:

1054.  Declaratory Judgment.  Participation in County Employees Retirement System (CERS)
County Employees Retirement System v. Frontier Housing
Affirmed dismissal of motion to dismiss on sovereign immunity.

1066.  Torts.  duty of care.
Mitchell v. Commonwealth of Kentucky 
Affirmed dismissal of claim against state for escaped convict who was evading police and struck Mitchell.  The trial court concluded CTS did not have a special relationship with Brenda triggering a duty of care, and it was not foreseeable Mace would walk away from CTS, travel from Jefferson County to Floyd County, steal a car, and, while attempting to evade police in a high-speed car chase cause a collision with Brenda which would result in her death.

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

1063.  Appeal.  Dismissed untimely notice of appeal.
Henderson v. Oliver

1065.  Torts.  Negligent supervision of children. Lays out elements etc. in case where child hit plaintiff in back of head with water balloon.
Thomas v. Bottoms

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.

MNT12222017

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)