COA: June 2014 Summaries of Published Decisions for Court of Appeals (deficient appeal brief results in dismissal; accrual of legal malpractice statute of limitations; immunity X 3′; owned but not insured and public policy; post-Shelton open and obvious slip and fall on snow and ice reversed and remanded)

 

Cornice design on Bourbon County Court House, Paris, Kentucky.   Photo by Michael Stevens 4/2/2014.

Cornice design on Bourbon County Court House, Paris, Kentucky. Photo by Michael Stevens 4/2/2014.x 3

The Court of Appeals of Kentucky released its summary of published decisions for June 2014.  Kentucky personal injury lawyers have quite a few cases to digest from this month and might find the following of interest:

after two tries the Court of Appeals granted appellee’s motion to strike appellant’s brief as CR 76.12(4)(c)(v) deficient (Krugman v. CMI)

* legal malpractice claim was time-barred since statute began running upon when underlying claim resolved by oral agreement (Hughes v. Demoisey)

* qualified official immunity given to several Louisville Zoo employees arising from train wreck at the zoo (Rivera v. Lankford)

* statutory immunity, bad faith, and reporting suspected child abuse (White v. Norton Healthcare)

* trial court reversed holding motorcycle operator not denied underinsured motorist benefits based upon owned but not insured exclusion in auto coverage (note there was apparently no specific motorcycle exclusion in UIM provisions)(Tyron v. Encompass Indem. Co.)

* KSP officers not given qualified immunity in malicious prosecution claim by retired state police officer (O’Danial v. Sapp)

* reversed dismissal of snow and ice slip and fall that was based on open and obvious pre-Shelton decision (McKinley v. Circle K)

For the complete archive of monthly summaries from the Kentucky Court of Appeals, then click here.

For the complete list of this month’s  summaries of the PUBLISHED decisions from the Kentucky Court of Appeals with names, digest, topic, and links to the full text of the actual decision, then continue reading.

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