COA: July 7, 2017 Court of Appeals Decisions (Minutes)

Nos. 570-587: 18 Decisions with 1 decision designated 'to be published' by Michael Stevens


575.  Attorneys Fees. Held Hazel entitled to twelve percent statutory interest but not  litigation fees for work performed in its role as third-party purchaser of a tax bill the Mitchusons owed from 2002.
Hazel Enterprises, LLC v. Mitchuson

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

570.  Arbitration.  Affirmed denial of mandatory arbitration in nursing home case relying upon Ping decision
GGNSC Stanford, LLC v.  Coffman

572.  Affirmed summary judgement dismissing claim for residential deck collapse causing tenant’s injuries since took premises as is and no knowledge of defect
Washington v. WB Holdings LLC

576.  PIP Suit.  Reversed summary judgment dismissing claim for nonpayment of PIP and remanding with instructions
Bays v. Liberty Mutual Ins. Co.

580.  Legal Malpractice Claim.  Affirmed dismissal of claim.
Lawrence v. Bingham Greenebaum Doll LLP

582.  Affirmed dismissal of claims for “wrongful birth” of child with birth defects.  SCOKY has specifically rule and COA has no authority to disagree.
Patel v. Game


For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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