COA: February 2, 2018 Court of Appeals Decisions (Minutes)

Nos. 66-96: Thirty-one Decisions Posted with 7 decisions designated for publication

PUBLISHED DECISIONS:

73.  Judgement Lien and Sale of Real Property.
Newman v. Estate of Joseph K. Hobbic
Affirmed circuit order for sale of real estate to enforce judgement lien

75.  Kentucky Civil Rights Act.  Claims for racial and gender discrimination.
Lindsey v. Board of Trustees of the University of Kentucky

80.  Divorce.  Separation agreement and whether canopy bar on property was a fixture
Scanlon v. Scanlon

82.  Criminal Law.  Ex parte orders without presence of prosecutors and subsequent requests for production of documents.
Commonwealth of Kentucky  v. Cambron

83. Costs of receivership.
Commonwealth of Kentucky, Energy and Environment Cabinet v. Bowling

85.  DVO amendments.
Benson v. Lively

92.  Underinsured motorist benefits.  Commercial policy and named insured.
Isaacs v. Sentinel Insurance Company d/b/a The Hartford
Policy language in commercial policy providing underinsured motorist benefits did not include individual owner of corporation even if sole owner.

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

66.  Sovereign Immunity.
Martin v. Parking Authority of River City, Inc.
PARC is not entitled to governmental immunity and is not immune from liability in the action herein.

68.  Medical Negligence/malpractice.
Estate of Roger Burton v. Brown, MD

69.  Failure to Prosecute Dismissal affirmed.
Sanders v. Wal-Mart Stores East,LP

79.  Medical negligence.
Allmän v. Syed 

84.  Negligence. Patient fall.
Day v. Appalachian Regional Healthcare, LLC

88.  False imprisonment.
Kinner v. Wal-Mart Stores, Inc.
“The tort of false imprisonment requires the plaintiff to establish that she was detained unlawfully.” Birdsong v. Wal-Mart Stores, Inc., 74 S.W.3d 754, 757 (Ky. App. 2001) (citing Wal–Mart Stores, Inc. v. Mitchell, 877 S.W.2d 616, 617 (Ky. App. 1994)). “ʻ[A]ny deprivation of liberty of one person by another or detention for however short a time without such person’s consent and against his will, whether by actual violence, threats, or otherwise, constitutes’ . . . false imprisonment.” Great Atlantic & Pacific Tea Co. v. Smith, 281 Ky. 583, 136 S.W.2d 759, 767 (1939)(quoting Great Atlantic & Pacific Tea Co. v. Billups, 253 Ky. 126, 69 S.W.2d 5, 6 (1934)); see also Mitchell, 877 S.W.2d 616.

90.  Uninsured motorist benefits.  Owned but not scheduled insurance and conflict of laws between  Tennessee UM policy and Kentucky where collision occurred.
Henry v. Travelers

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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.”)

 

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