PUBLISHED DECISIONS:

 

513.  Shareholder derivative suit; claims for breach of fiduciary duty and trust and more; discovery rules and statutes of limitation
Middleton v. Sampey

528.  Criminal Law.  Affirmed denial of suppression motion.  Traffic stop and detention.
Johnson v. Sinclair

533.  Dismissed injury claim again homeowners association and voluntary members holding did not own duty of care
Brooks v. Seaton Place Homeowners Association, Inc.

534. Affirmed judgment dismissing claims against construction company when minor overturned a piece of heavy equipment parked at a residential construction site injuring himself. Held no duty of care.  Attractive Nuisance.
Hayes v. DCI Properties

536.  Workers Compensation
Cunningham v. Quad/Graphics, Inc

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

516.  Affirmed summary judgment dismissing claim against KFBM agent for refusing to write a homeowners policy
Hamilton v.  Kent D. Thacker Ins. Co.

518.  Affirmed dismissal of dental malpractice claim for failure to provide experts
Phillips v. Cieslak

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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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