Second courthouse in Allen County, Scottsville, Kentucky. Built in 1903. The brick two-story Victorian style had arched windows topped by an enormous cupola in an Italianate style and from the Victorian era. In 1967, it was demolished to speed up traffic flow around the downtown square. The old bell was saved and was placed in the City-County Building. However, there have been two courthouses since then, and I am curious if the old bell has been prominently place in the current structure. If anyone knows, or has a picture of it, then please share. This postcard image is courtesy of CourtHouseHistory.com.
Help! Does anyone have a photo of the first Allen County Courthouse they might share for me to post? It was a unique octagonal shape, and none found on line that can be shared.
And does anyone know where that cupola bell ended up? Last bit of info I could find was City-County Building when CH #2 was demolished for traffic flow?
And finally and as always, any good legal stories from the past would be appreciated and would be shared. From Allen County or any other county. Appropriate credit with a link to your web site would be the payment (and would help your web sites search engine optimization. 😉
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 Decisions
Links are to full text of PDF published cases for this week.
431. Attorneys Fees. Discovery Noncompliance. Divorce.
Susanne Slabaugh Hencye v. Brook White
Court of Appeals Published Opinion AFFIRMING. Jefferson Cir. Ct.
THOMPSON, JUDGE: Susanne Slabaugh Hencye appeals from an order of the Jefferson Family Court directing her to pay $8,000 of her ex-husband’s attorney fees incurred as a result of alleged discovery violations after she requested appointment of a parenting coordinator. On cross-appeal, Susanne’s ex-husband, Brook White, contends the court abused its discretion by awarding only $8,000 of his requested $24,847.91 in attorney fees.
Our Family Court Rules of Practice and Procedure (FCRPP), including its provision that a party may ask for a parenting coordinator and custody evaluation, were needed and intended to simplify and expedite matters involving children. Unfortunately, in this case, the purpose of the FCRPP and the intent of its drafters have been frustrated by prolonged and costly discovery by Brook. Despite Susanne’s attempt to utilize the resources of the family court to resolve the parties’ domestic issues for the benefit of the children, that has not occurred. By its certification that the order awarding attorney fees is “a final and appealable order with no just cause for delay,” the family court has stated there are no issues pending before it, including any action to determine the children’s best interest. The sole issue then is whether the circumstances warranted the award of attorney fees to Brook. We conclude they do not.
439. Employment. Political Retaliation.
Wenda Conley v. Pulaski County Board of Education
Court of Appeals Published Opinion AFFIRMING. Pulaski Cir Ct.
COA affirmed summary judgment in favor of the Board and its members on the basis that Appellants failed to show that either the Board or its members were involved in the employment- related decisions at issue and affirmed summary judgment to the Superintendant, who was allegedly involved in the employment-related decisions affecting the Appellants, on the basis that Appellants failed to produce any evidence demonstrating that they engaged in any “political affiliation” prior to the adverse employment actions about which they complained.
443. Statute of Limitations. KRS 446.070. Malicious prosecution.
Melissa Goins v. Kristin Lafoe
Court of Appeals Published Opinion AFFIRMING. Fayette Cir Ct.
COA affirmed summary judgment in favor of LFUCG, LFCUG Detention Center and employees concluding that Goins’s claims sounding in tort were time-barred and that her malicious prosecution claim failed as a matter of law.
448. Damages. Leasehold. Standing. Blasting.
PAM I, LLC, Individually and/or DBA Quality Inn Motel v. Elmo Greer & Sons, LLC
Court of Appeals Published Opinion VACATING & REMANDING. Laurel Cir Ct.
Long-standing Kentucky case law recognizes a tenant’s right to sue for damages to its leasehold interest. The issue we resolve in this case is whether the Laurel Circuit Court erred in dismissing PAM I, LLC’s, claim against Elmo Greer & Sons, LLC, for damages allegedly caused by the latter’s blasting on the basis that PAM had no standing to bring the claim. We hold the trial court did err, vacate its summary judgment, and remand to that court for further proceedings.
450. Real Property. Dispute over amount of land conveyed in deed.
B.G. Dunnington Revocable Trust vs. Jerry Shaw
Court of Appeals Published Opinion AFFIRMING. Wayne Cir Ct.
Note link was defective at time of this publication. Above link works.
Appellant appeals from a judgment of the Wayne Circuit Court which found in favor of Appellees in a dispute over the amount of land conveyed by a deed. We find no error and affirm.
Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:
432. Judgment Notwithstanding the Verdict. New Trial. Conflicting Evidence. Jury Instructions.
Robert G. Adkins v. David Thacker
COA Not to Be Published Opinion AFFIRMING. Pike Cir Ct.
JONES, JUDGE: Robert Adkins appeals from a jury verdict and resulting order of the Pike Circuit Court, which dismissed his claims against the above-named Appellees. Subsequent to the verdict, Adkins moved for either a new trial or judgment notwithstanding the verdict (JNOV), which the trial court denied. The denial of this motion is the subject of the appeal. After a careful review of the record, we AFFIRM the trial court’s judgment.
A little black letter law:
Under CR 59.01(f), a trial court may grant a new trial when a jury’s verdict is not sustained by sufficient evidence or is contrary to law. As an appellate court, we review the trial court’s denial of the new trial motion for an abuse of discretion and will reverse only if there is clear error. Miller v. Swift, 42 S.W.3d 599, 601 (Ky. 2001); Rippetoe v. Feese, 217 S.W.3d 887, 890 (Ky. App. 2007)(citing Thomas v. Greenview Hosp. Inc., 127 S.W.3d 664 (Ky. App. 2005)).
Given the conflicting evidence, the trial court properly refused a new trial. See Daniel v. H. B. Rice & Co., 275 S.W.2d 924 (Ky. 1955) (holding that while the trial court has broad discretion in granting or refusing a new trial, it may not set aside a verdict of a jury because it does not agree with the verdict if there is sufficient evidence to support it). Accordingly, we must affirm. Bayless v. Boyer, 180 S.W.3d 439, 451 (Ky. 2005)(citations omitted).
The Court in Lieberman v. McLaughlin, 26 S.W.2d 753 (Ky. 1930), explained that the sounding of a horn is not required unless it is found to be necessary under the circumstances. Thus, the sounding of a horn is not a mandate under Kentucky law, but only required if necessary and if the exercise of ordinary care requires such action. Ordinarily, the question of necessity of sound signal is one for the jury. Chappell v. Doepel, 192 S.W.2d 809, 810 (Ky. 1946).
Lastly, Adkins argues that jury instructions were improper. Alleged errors regarding jury instructions are considered questions of law that we examine under a de novo standard of review. Reece v. Dixie Warehouse and Cartage Co., 188 S.W.3d 440, 449 (Ky. App. 2006). “Instructions must be based upon the evidence and they must properly and intelligibly state the law.” Howard v. Commonwealth, 618 S.W.2d 177, 178 (Ky. 1981).
437. Fire Loss. Contractual limitations in insurance policy and shortening of statute of limitations affirmed.
Leonard Gibbons v. Kentucky Farm Bureau Mutual Ins. Co.
COA Not to Be Published Opinion AFFIRMING. Jefferson Cir Ct.
Gibbons filed a complaint in Jefferson Circuit Court against Farm Bureau. Farm Bureau subsequently filed a motion to dismiss Gibbons’s complaint as being untimely filed. Kentucky Rules of Civil Procedure (CR) 12.02(f). Farm Bureau maintained that the policy of insurance issued to Gibbons provided a one-year limitation period to initiate litigation on the claim which was triggered upon the date of the loss. The policy specifically provided that “[n]o action can be brought unless the policy provisions have been complied with and the action is started within one year after the date of loss.” Homeowner Policy at 12. Farm Bureau emphasized that the loss of Gibbons’s home occurred on October 14, 2012, and Gibbons did not file the complaint until November 13, 2013, some thirteen months after the loss. Farm Bureau argued that the complaint was filed after the one-year contractual limitation period expired and was time-barred. COA affirmed trial order upholding one year contractual limitation period in insurance policy.
447. Immunity Claim. Bleacher seats. Appeal procedures.
Betty Bullock v. Larry Warren et. al.
COA Not to Be Published Opinion AFFIRMING. Knox Cir Ct.
Public school officials are generally entitled to qualified official immunity for their discretionary decisions but not for ministerial actions negligently made for which liability may attach. In this case, Betty Bullock was injured when she fell on the bleachers of the Barbourville Elementary School. The decision we must make in this case is whether the Knox Circuit Court erred in granting summary judgment in favor of Larry Warren, Superintendent of the Barbourville Independent Schools (“School District”), Vencil “Dinky” Phipps, Athletic Director of the School District, and Paul Middleton, Principal of the School. We hold that the circuit court did not err, and therefore affirm its judgment.
[gview file=”https://kycourtreport.com/wp-content/uploads/2016/05/MNT05272016.pdf”]
