COA: July 28, 2017 Court of Appeals Decisions (Minutes)

Nos. 641-667: 27 Decisions Posted with 7 decisions designated 'to be published' by Michael Stevens


644.  Family Law.  Affirmed circuit court which held that mother’s claims were time-barred and that the defendants who conduct evaluations of child had immunity from suit.
Nave v. Feinberg

647.  Trials.  Reversed and remanded directed verdict against empty chair defendant in medical negligence claim with multiple defendant.  “Empty-chair defense (1981) A trial tactic in a multiparty case whereby one defendant attempts to put all the fault on a defendant who plea-bargained or settled before trial or on a person who was neither charged nor named as a party.” DEFENSE, Black’s Law Dictionary (10th ed. 2014).
House, Adm’x Estate of Laura Alexander v. Jewish Hospital

651. Churches.  Affirmed summary judgment in favor Presbyterian Church (U.S.A.) relating to an action claiming slander and libel brought by a former employee.  On review  consideration and application of the ecclesiastical-abstention doctrine and ministerial exception.
Darmody v. Presbyterian Church

652.  Government Procurement.  Held contract was not void and did not violate the public bidding process
Southeast Bullitt Fire Protection District v. Southeast Bullitt Fire Rescue Dept.

657.  Criminal Law.  Reversed  circuit court’s order affirming and remand the matter to the McCracken District Court for an entry of a judgment of acquittal on conviction of  Wanton Endangerment in the Second Degree

664.  Criminal Law. Affirmed trial court’s ruling denying defendant’s motion to suppress evidence
Mundy v. Commonwealth of Kentucky

665.  Family Law. Held trial court did not abuse discretion when it denied Appellant Randy Williams’ motion to modify visitation
Williams v. Williams

Selected cases that were not designated for publication in tort, insurance and civil law.

650.  Immunity in wage and hour claim.
Louisville Jefferson County Metro Gov’t v. Wilcox

655.  Premises Liability.  Business.
Velours v. Wal-Mart Stores East, Limited Partnership




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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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

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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.