Fourth and current Caldwell County Courthouse, Princeton, Kentucky. Completed in 1940 with a grant and under the direction of the Works Product Administration. Designed by Madisonville architect Lawrence Casner to be the most modern in Western Kentucky. Constructed of poured concrete. Princeton attorney R.W. Lisanby was a strong proponent of this project. Cost $178,997.
Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.
Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).
AOC version of this week’s decisions can be accessed by clicking here.
Published Court of Appeals appellate cases for this week – March 25, 2016:
Links are to full text of PDF decision with AOC.
256. Judicial Estoppel. Failure to disclose existence of pending malpractice action in Chapter 7 Bankruptcy
Jane M. Mefford vs. Norton Hospitals d/b/a Norton Audobon Hospital
Court of Appeals Published Opinion reversing and remanding Jefferson Cir. Ct. summary judgment dismissing her medical malpractice claim against Norton Audubon Hospital based on the doctrine of judicial estoppel.
Thompson. J. The trial court concluded Jane intentionally failed to disclose the existence of her pending malpractice action to the bankruptcy court prior to it granting a Chapter 7 discharge of her debts and was estopped from pursuing her malpractice claim. Jane contends she had no motive to conceal her malpractice claim to the bankruptcy court because if disclosed, the malpractice claim would not have been an asset of her converted Chapter 7 bankruptcy estate. Additionally, Jane argues application of judicial estoppel is not warranted because, in good faith, she relied on her bankruptcy attorney’s advice regarding the applicable law. We agree with Jane that she had no motive to conceal her medical malpractice claim and acted in good faith reliance on her counsel when she did not reveal the claim. We hold the trial court erred in applying judicial estoppel.
270. Criminal Procedure
Christopher T. Hardin vs. Commonwealth of Kentucky
Court of Appeals Published Opinion affirming Muhlenberg Cir.Ct. which had denied defendant’s motion to suppress evidence in DUI trial.
271. Workers Compensation.
Steel Creations vs. Injured Workers Pharmacy
Court of Appeals Published Opinion affirming Workers Comp Board applying regulatory fee schedules to pharmacy as a medical provider.
Not to be published tort, insurance and civil procedure decisions:
251. Duty to defend and indemnify in CGL policy did not apply to non-covered property damages
Acuity, A Mutual Ins. Co. vs. Martin/Elias Properties LLC
COA Not to Be Published Opinion reversing and remanding partial summary judgment in favor of Martin that it’s insurance company had a duty to defend on indemnify for property damage caused by its insureds (Martin/Elias) on grounds that the claims were not occurrences under the commercial general liability policy and thus no duty to defend or indemnify since no coverage for the alledged damages were triggered.
The policy defined “occurrence” as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.” Acuity contended its CGL policy did not provide coverage for the claims asserted against Gosney because the claims against him for negligence, breach of contract and breach of warranty all flowed from a theory of faulty workmanship and therefore could not constitute an “accident” or “occurrence” under provisions of the policy.
256. Metro Government. Immunity.
Louisville Metro Dept. of Corrections vs. Ferron W. Tomlinson
COA Not to Be Published Opinion affirming in part, reversing in part and remanding order of Jefferson Cir. Ct. denying Metro’s motions to dismiss on governmental immunity.
257. Qualified official immunity
Amanda Barnett vs. Debra Conatser
COA Not to Be Published Opinion reversing and remanding McCreary Cir. Ct. order denying ambulance service employees’ motion for summary judgment to dismiss claims based upon qualified official immunirty.
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