COAKY Minutes: June 21, 2013 — Three Published decisions re: FELA, negligent hiring and training of employee, and qualified official immunity

Courthouse Clock on top of the Jessamine County Courthouse Nicholasville, Kentucky

Courthouse Clock on top of the Jessamine County Courthouse
Nicholasville, Kentucky

Published and Unpublished Decisions for COAKY for June 21, 2013

No. 594-616;  23 decisions; 3 decisions were designated for publication (“To Be Published”)
Click here for complete list of all COA minutes that you can download.

Published Decisions:

594. FELA (Federal Employer’s Liability Act)
Downs vs. CSX Transportation Inc.
Affirmed jury verdict dismissing negligence claims against CSX. Sole issue on appeal was re instructions regarding standard of care.

596.  Summary Judgment, Additional Discovery.  Negligent Hiring, Training, Supervision
Carberry vs. Golden Hawk Transportation Co.
COA affirmed summary judgment dismissing claims.

602.  Immunity
Mattingly vs. Mitchell
Affirmed COA decision denying police officer qualified official immunity.

Torts, Insurance Civil Procedure

In addition to the three published decisions above, the following Not to be Published decisions:

607.  UIM.  Identification and other procedural issues when UIM identified at trial after advancement to preserve subrogation claim
Psihounakis vs. Moore
COA held uim carrier was sufficiently identified per Earle V. Cobb.  (Suggested reading for those interested in a discussion of the extent of the “identification” of the UIM carrier and the claims.

 

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