COA: May 12, 2017 Court of Appeals Decisions (Minutes)

Nos. 403 - 423: 21 Decisions with 4 PUBLISHED DECISIONS: 3designated 'to be published'


405.  Failure to loan.  Breach of fiduciary duty. Judgment on Pleadings.
Scott v. Forcht Bank, NA

406.  Administrative Law.  Medical disciplinary action reversed for failure to follow statute
Dr. Jon M. Strauss v. Kentucky Board of Medical Licensure

411.  Mandatory Arbitration.  Local government agency did not have authority to enter into arbitration agreement as condition for employment
Northern Kentucky  Area Development District v. Snyder

417.  Criminal sentence was not impermissibly enhanced
Turner v. Commonwealth of Kentucky

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

403.  Timely appeal but raised issues not preserved during proceedings below
Pantoja v. TIC Properties Management

407.  Lexington Fairness Ordinance Issues
Lexington Fayette Urban County Human Rights Comm. v. Hands On Originals

410.  Premises Liability.  Trial court dismissal of negligence claim for trespasser reversed.
Ball v. Hobby, Dye and Read

420.  COA reversed trial court dismissal and held the uninsured operator was not driving a motor vehicle and therefore was a pedestrian entitled to PIP/BRB through the insurer of the vehicle that hit him
Robertson v. Westfield Ins. Co.




All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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

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.