COA: January 26, 2018 Court of Appeals Decisions (Minutes)

Nos. 49-65: 17 Decisions Posted with 3 decisions designated for publication

PUBLISHED DECISIONS:

50.  Real property.  Partial ummary judgement was reversed since issues still existed on voiding the deed for champerty
Coblenz v. Day

57.  Torts.  Liability of horse owner and status of injured party as trespasser or tenant  and “open and obvious” doctrine examined with appellate court affirming summary judgement dismissing claims.
Groves v. Woods

64.  Child abuse and neglect.  Burden of proof and custody examined.
B.(C.) v. Cabinet for Health and Family Services, Commonwealth of Kentucky
Court of Appeals reversed Circuit Court’s finding that a minor was abused and neglected by the father finding that the state had failed to meet its burden of proof by a preponderance of evidence and that the father never had unsupervised custody of the child.

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

51.  Appeal of pro se claim against physician and hospital for administration of Coumadin following hip surgery with usual issues on the brief’s compliance with the civil rules and raising of issues.  Nursing expert from Mexico did not qualify as expert.
McBrearty v. Lukins

59.  Qualified official immunity and claims against defendant in his individual capacity. Decent rundown on the law of official and qualified official immunity.
Johnson v. Hutcherson

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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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

MNT01262018