COA: June 23, 2017 Court of Appeals Decisions (Minutes)

Nos. 537-560: 24 Decisions with 2 decisions designated 'to be published' by Michael Stevens


537.  Affirmed trial court’s summary judgement in favor of bank on plaintiff’s claims of KRS1 382.3652 and the tort of outrage.
Forcht v. Forcht Bank, NA

545.  Affirmed legal status of roadway in favor of foundation
Shields v. University of Louisville Foundation

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

548.  Affirmed summary judgement in favor of physicians in medical malpractice claim on failure to diagnose lymphoma
Clines v.  Susan E. Janocik, MD PLLC et al


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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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