COA: May 5, 2017 Court of Appeals Decisions (Minutes)

Nos. 370-402: 33 Decisions with 5 designated 'to be published'


376.  Statute of Limitations.  Service of summons must be timely issued in good faith
Hearn v. Family Dollar Holdings, Inc.

392.  Family law.  Modifying time sharing of children.
Agnich v. Tyler

397.  Res judicata and issuance of second DVO
Thompson v Thompson

400.  Family Law.  No abuse of discretion in entering DVO
Ashley v Ashley

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

370.  Medical malpractice defense verdict affirmed on appeal.  Claim arose from complicate birthing with death to one twin and cerebral palsy to other
Sims v. Norton Healthcare, Inc.

371.  UIM and choice of law with multiple insurers.
Allstate Property and Casualty Ins. Co. v. Lawson

377.  Legal malpractice
Lane v. Grady

378.  Negligence against Walgreen’s employee for injuries when hit by cart
Martin v. Walgreen Co.

379.  Claim again nursing and rehab folks alleging joint venture and improper venue
Ridgeway Nursing v. Collins




All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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