Appeals dismissed for untimely filing.

Appeal dismissed for untimely filing.

The Kentucky Court of Appeals announced 30 decisions  on May 22, 2015, with four (4) of their opinions designated to be published.

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 all of 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.

For the complete set of this week’s minutes listed all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below the digested summaries of this week’s published cases.

Of interest to injury lawyers, are the nonpublished decisions with the Court of Appeals seemingly ignoring Three Rivers, Shelton and other slip and falls cases attempting to lay to rest the open and obvious doctrine.

Published appellate cases for week of May 15, 2015:

417.  Sale of Delinquent Tax Certificates
Farmers National Bank vs. Commonwealth of Kentucky 
COA Published 5/22/2015; Affirming (Franklin)

418.  Criminal Law.  Probation revocation.
Euriea Perry vs.  Commonwealth of Kentucky 
COA Published 5/22/2015 Reversing and remanding (Wayne)

421.  Affirmed summary judgment dismissing claims of defamation; qualified privilege
Lynora Fortney vs. Oralia Guzman
COA Published 5/22/2015 Affirming (Jefferson)

428. Criminal Law. Sentencing.  trial judge should have allowed defendant to controvert alleged errors in presentencing investigation report
Lee Stewart vs. Commonwealth of Kentucky 
COA Pub 5/22/2015; Reversing and remanding (Kenton)

Selected Tort, insurance, civil decisions:   The following decisions might be of interests to attorneys practicing injury and accident law, as well as insurance defense, 

420.  Workers Compensation and Up the Ladder
Christoper Sanders vs. FLIK Independent Schools
COA Not Pub, 5/22/2015;  Affirming (Jefferson)

427.  Interference with contractual relationship, intimidating a witness, defamation
Russell Williams vs. Seven Counties Services
COA Not Pub 5/22/2015; Affirming in part, reversing in part, and remanding (Jefferson)

434,  Suit against conservator
Michael Walden vs. German American Financial Advisors and Trust Co.
COA Not pub 5/22/2015;  Affirming (Henderson)

437.  Qualified official immunity and school facilities; slip and fall
Tom Arnzen vs Stephanie Smith
COA Not Pub 5/22/2015; Reversing and remanding   (Kenton)

439.  Appeal dismissed, not timely filed
Ashley Reid vs. Pilgrim’s Price Corporation
COA Not Pub 5/22/2015; Dismissing (Graves)

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