COA: September 22, 2017 Court of Appeals Decisions (Minutes)

Nos. 798-816: 19 Decisions Posted with a SIX decisions designated 'to be published' with links to full text of each decision


798.  Arbitration.   Nursing home.  Ping v. Beverly Enterprises issue.
Affirmed denial of nursing facility’s motion to compel arbitration since power of attorney contained no valid arbitration provision.

800. Arbitration.   Nursing home.  Ping v. Beverly Enterprises issue.
Affirmed denial of motion to arbitrate wrongful death claim against nursing home.  Had all of the legal beneficiaries of the estate executed the arbitration agreement at issue in this case at the time of his admission or during his residency at the nursing home, then the outcome of this case could be different. However, until the Kentucky Supreme Court directs otherwise, we are duty bound to follow existing Kentucky precedent pursuant to Rules of the Supreme Court 1:030(8), and therefore affirm the Powell Circuit Court’s Order denying appellants’ motion to arbitrate the underlying wrongful death claim in this case.

801.  Criminal Law. Double Jeopardy.
Culver v. Commonwealth of Kentucky

805.  Statute of Limitations on personal injury claim against builder for negligent design.  Premises liability against owner and duty of care when not know violation of building codes
Breedlove v. Smith Custom Homes, Inc.
here is no evidence that the property owner knew the steps did not comply with the building code based upon the home inspections issuance of the certificate of occupancy, that they created an unsafe condition, or that the steps constituted an unreasonable risk of which Breedlove should have been warned as an invitee.

811.  Criminal Law.  Affirmed suppression of evidence motion.
Jackson v. Commonwealth of Kentucky

815.  Family Law. Termination and adoption. Right to appointed counsel for minor.
S.(S.) v. Commonwealth of Kentucky
We agree with S.S. that the trial court clearly erred in finding that it lacked authority to appoint counsel for her in this proceeding. Hence, we must vacate the termination and adoption judgments, and remand for additional proceedings, including appointment of counsel if appropriate.

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



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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.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.