December 14, 2012 Court of Appeals Minutes
Nos. 1148 -1181; 34 decisions; Cases To Be Published)
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1150. Exclusive remedy under workers compensation
Jones V. Dougherty
KELLER, JUDGE: Wanda Jones (Wanda) and her husband, Ralph (collectively the Appellants), appeal from the trial court’s summary judgment in favor of Cynthia Dougherty (Dougherty) and the Christian County Board of Education (the Board). On appeal, the Appellants argue that they presented sufficient evidence ofDougherty’s “willful and unprovoked physical aggression” to overcome the exclusive remedy provisions of the workers’ compensation act, Kentucky Revised Statute (KRS) Chapter 342 (the Act). It also appears that the Appellants are arguing that the trial court’s judgment was defective because it did not sufficiently address Wanda’s testimony. The Appellees argue to the contrary. Additionally, both of the Appellees have asked this Court to strike the Appellants’ brief and Dougherty has asked this Court to strike their appeal. Having reviewed the record, we decline to strike the Appellants’ brief or their appeal, and we affirm the trial court.
1153. Summary judgment, evidence (issues alleging attorney misconduct re photographs)
White v. Harvey
CAPERTON, JUDGE: The Appellant, Norville Shane White, was injured in a motor vehicle collision with Appellee Roger Harvey, who was driving a dump truck belonging to Co-Appellee, Walker Company of Kentucky, Inc. On appeal, White argues that the instructions given to the jury were prejudicial, and that counsel for Walker Company engaged in attorney misconduct by misleading the trial court as to the circumstances surrounding a photograph introduced into evidence by White. Upon review of the record, the arguments of the parties, and the applicable law, we affirm.
1156. UIM coverage for long time companion as “family member” denied and affirmed on
SPARKS (NICOLE R.)
TRUSTGARD INSURANCE COMPANY
MOORE (PRESIDING JUDGE)
ACREE (CONCURS) AND THOMPSON (CONCURS)
TO BE PUBLISHED
MOORE, JUDGE: Nicole Sparks appeals an order of summary judgment dismissing her contract claim against Trustguard Insurance Company. Finding no error, we affirm.