COA: January 5, 2018 Court of Appeals Decisions (Minutes)

Nos. 1 - 22 --- 22 Decisions Posted with 5 decisions designated for publication

PUBLISHED DECISIONS:

6.  Medical negligence.
Quattrocchi v. Nicholls
Appeal of jury verdict in favor of Paul Nicholls, M.D., and dismissing the medical negligence claim brought by Ann Quattrocchi. Ann argues that the trial court improperly excluded evidence of a surgical incident which led to her sciatic nerve palsy. As the evidence of record shows exclusion of the evidence and the failure to grant a continuance amounted to an abuse of discretion, we reverse and remand.

9.  Criminal Law.  DNA and Daubert.
Commonwealth of Kentucky v. Baldwin
The Commonwealth of Kentucky brings this appeal from an interlocutory order excluding expert testimony regarding DNA1 evidence. The Commonwealth offered the evidence during Robert L. Baldwin’s murder trial. After reviewing the record and observing that the Trimble Circuit Court did not conduct a Daubert hearing regarding the analytical technology used to further test blood from the crime scene, we vacate the order and remand.

11.  Underinsured Motorist Benefits and Stacking.
Consolidated Ins. Co. v. Slone
Consolidated Insurance Company appeals from an order of the Magoffin Circuit Court declaring that the appellees are entitled to stack the underinsured motorist coverages (UIM) provided in a vehicle insurance policy issued to the Magoffin County Board of Education. The primary issue presented is whether an anti-stacking provision in the Consolidated policy limits the total UIM coverage available to $500,000. We conclude that the provision precludes the appellees, who are insureds of the second class, from stacking the UIM coverages. We further conclude that any alleged misrepresentation made by a Consolidated insurance agent regarding stacking to the Magoffin County Board of Education does not estop Consolidated from enforcing the anti-stacking provision.

16.  Revenue and Taxation.  Ad valorem re county library.
Coleman v. Campbell County Library Road
Charlie Coleman, John P. Roth Jr. and Erik Hermes (hereinafter “the taxpayers”) bring this appeal from the Campbell Circuit Court’s grant of summary judgment to the Campbell County Library Board of Trustees (hereinafter “the Board”). The primary issue is whether the holding of an opinion(hereinafter “the Opinion”) of the Court of Appeals, which harmonized statutes relating to public library ad valorem tax rates, is to be applied retroactively or prospectively only.

20.  FELA.  Jury instructions.
Boggs v. CSX Transportation, Inc.
Larry M. Boggs appeals from the judgment of the Jefferson Circuit Court entered upon a jury verdict in favor of CSX Transportation, Inc., (CSX). Boggs presents numerous issues for our review. However, our disposition of the appeal turns upon our resolution of a single issue: whether the trial court erred in its instructions to the jury panel. After our review, we reverse and remand for further proceedings.

 

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

 

 

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.

MNT01052018