COAM 2014:09 – Feb. 28, 2014 Court of Appeals Minutes — 4 published decisions (boundary line dispute; permissive intervention; governmental immunity; and writ of prohibition in discovery dispute)

Four published decisions from the Kentucky Court of Appeals for Feb. 28, 2014:

  • 192. Sharon Elsea vs. Fred Day – Perry County
    Boundary line dispute.
  • 196.  Wood vs. Tax Ease Lien Investments1,LLC – Shelby County [link updated! 3.5.2014]
    COA affirmed denial of motion to intervene to enforce certificates of delinquency for unpaid real estate taxes by appellant who had purchase tax lien.
  • 197.   David Prater vs. Heather Catt – Fayette County
    COA affirmed summary judgment dismissing plaintiff’s personal injury claims against mounted police officers exercising discretion in contolling her mount and thus immune from suit.
  • 207.  Pharma Purdue vs. Steven Combs – Pike County
    COA denied Pharma Purdues writ of prohibition seeking to prohibit trial court from enforcing an order deeming certain requests for admissions served on Pharma as admitted.

Selected Tort, Insurance and Civil Procedure Decisions from COA Feb. 28, 2014:

  • 190.  Estate of Elwand Franz vs. Ashland Hospital Corp. – Boyd County
    COA NPO 2/28/2014
    COA affirmed multiple pretrial orders and post-trial summary judgments in medical negligence claim with regard to no vicariously liability on claims of medical battery, battery and independent battery claims against facility, strict liability in tort, independent negligence.  Other issues discussed involved evidentiary issues, trial bifurcation, expert witness fees.
  • 203.  Geraldine Allen vs. Emily Conner (now deceased) – Jefferson County
    COA NPO 2/28/2013
    COA affirmed dismissal of personal injury claim for failure to revive against tortfeasor with on year of Conner’s death.
  • See also, 196 above re CR 24.01 re permissive intervention;  197 above re governmental immunity; and 207 re writ of prohibition and requests for admissions.

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