COA: Jan. 2013 Court of Appeals Argument Calendar

Oral ArgumentsThis was posted AFTER the fact.  Sorry.

The Court of Appeals will be hearing  heard oral arguments on cases in Carlisle County (Jan. 10); Louisville (Jan. 15, 16); Owensboro (Jan. 30).

Issues of interest to Kentucky personal injury and accident attorneys include:

  • Medical malpractice case arising from delivery of child against Dr. Barrett B. Bradley.
  • Insurance coverage dispute whether independent contractor was covered under policy.
  • Appeal of default judgment claiming fraud on part of plaintiff to induce defendant not to file answer to complaint.
  • Statute of limitations and unjust enrichment issues arising from legal malpractice claim.
  • Res judicata defense.

Click here for entire calendar for this month at AOC.

Click here for entire INDEX to COA calendars organized by month and year.

LOCATION: CARLISLE COUNTY COURTHOUSE, 965 U.S. HIGHWAY 62, BARDWELL, KENTUCKY

DATE: Thursday, January 10, 2013

10:00 AM
PHILLIP TRACY CLAXON v BOARD OF EDUCATION OF GREENUP COUNTY, KENTUCKY
Appeal from circuit court order affirming School Board’s demotion of school administrator. Sufficiency of notice; Substantial evidence.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Tuesday, January 15, 2013

01:00 PM
FONDA MORGAN v DANIEL GETTER
Case involving modification of custody. Case seeks to clarify role of Guardian ad litem in case involving change of custody as a unique focus of perspective in case of first impression.

01:45 PM
MARY EVANS v DR BARRETT B. BRADLEY
Medical malpractice action in which injury at birth resulted in cerebral palsy. Several evidentiary rulings are alleged to constitute reversible error.

02:30 PM
THOMAS R. YOCUM v THE LEGISLATIVE BODY OF THE CITY OF FORT THOMAS
Appeal of trial court’s denial of zoning appeal and the finding of constitutionality of KRS 100.212 and the City of Fort Thomas zoning ordinance.

03:15 PM
BONNIE PRYOR v COLONY INSURANCE
Appellant appeals the decision of the trial court that the insurance policy excludes coverage for person acting as an independent contractor.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,

DATE: Wednesday, January 16, 2013

01:00 PM
J. MICHAEL BUTLER v CHASE HOME FINANCE, LLC
Appeal from order of default judgment and public sale of property in foreclosure action. Issue presented is whether alleged fraud to induce Appellants not to file answer is sufficient ground to set aside default
judgment.

1:45 PM
KENNETH CAMPBELL v COMMONWEALTH OF KENTUCKY
Campbell appeals from denial of his 11.42 motion following an evidentiary hearing. He claims trial counsel was ineffective due to her failure to present any evidence in his defense. Campbell also argues that the trial court incorrectly held that his assertion that the underlying search by police was an illegal
one cannot be the basis of 11.42 relief.

02:30 PM
ROBERT K. HUGHES v J. FOX DEMOISEY
Appeal from order dismissing based on statute of limitations. Appellants argue that the trial court incorrectly applied professional malpractice limitations prior to the time when appellee represented appellants. Cross-appeal of trial court’s summary judgment on the attorney’s claims of unjust
enrichment, fraud and other claims.

LOCATION: KY WESLEYAN COLLEGE, ROGERS HALL, WINCHESTER
COMMUNITY CENTER, 3000 FREDERICA STREET, OWENSBORO, KY

DATE: Wednesday, January 30, 2013

09:30 AM
KENNETH THROGMORTON v COMMONWEALTH OF KENTUCKY
2010-CA-001974 and 2010-CA-002210 – whether trial court erred by violating KRS 532.110 when it imposed 32 years imprisonment on multiple class D felonies.

11:00 AM
TRUE GOSPEL CHURCH OF GOD IN CHRIST v CHURCH OF GOD IN CHRIST
Whether circuit court erred by determining that appellant’s action was barred by res judicata.

LOCATION: KY WESLEYAN COLLEGE, ROGERS HALL, WINCHESTER
COMMUNITY CENTER, 3000 FREDERICA STREET, OWENSBORO, KY

01:15 PM
JEFFREY JERRELL v MCCRACKEN COUNTY FISCAL COURT
County Government: authority of fiscal court to enact ordinance governing financial operation of county clerk’s office.

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