JANUARY 2013 – Topical Summary of Kentucky Court of Appeals Published Decisions with Digests and Links to Full Text (prepared by the AOC)

General Custer Spent Some Time in Elizabethown, Kentucky's Brown Pusey House.   Photo Courtesy of Greg Thompson http://www.EtownLawyers.com

General George Armstrong Custer Spent Some Time in Elizabethtown, Kentucky’s Brown Pusey House before taking his last stand.

The first attorney to contribute a photo of local interest goes to Attorney Greg Thompson with the law firm of Thompson & Shreve in Elizabethtown.  Thank you Greg.

Most know about General Custer’s exploits as a boy general in the Civil War and his exploits as a cavalry commander, but some may not know that he had a Kentucky Konnection with a stay at the Brown-Pusey House in Elizabethtown.

His stay was more than a one-night stand at the hotel, and a little longer than his last stand at Little Big Horn.  Click here for more information from the Hardin County History Museum.

Each of you know more about your local history than I do.  Send me a link to my email address in the about page with the digital image, a short history of the photo if applicable, and if you wish your name and web site noted, then please do.  And postings are not limited to historical markers of legal note or around the the courthouse square, but photos of the depth and breadth of the vast beauty of this Commonwealth is very much appreciated, as well.

Click here for January 2013 monthly summaries.

Click here for entire listing of COA Monthly Summaries of Published Decisions.

Here are the tort, insurance and civil decisions for this month.

IMMUNITY:

  • HURT v. PARKER
    2011-CA-002257 01/04/13
    Opinion by Judge Combs; Judges Lambert and Nickell concurred.
    Principal’s responsibility for maintaining school parking lot was ministerial in nature. Trial court did not err in holding that principal was not entitled to qualified immunity in his individual capacity and thus his motion for summary judgment on that basis was properly denied.
  • COPPAGE CONSTRUCTION COMPANY, INC. v. SANITATION DISTRICT NO. 1
    2011-CA-000121 01/25/13
    Opinion by Judge Lambert; Judges Dixon and Taylor concurred.
    Court of Appeals affirmed dismissal of all of appellant’s contract, statutory, and tort claims against the defendant sanitation district on the basis of sovereign immunity. Sanitation district created under KRS Chapter 220 was held entitled to the defense of sovereign immunity on appellant’s tort claims because its parent counties are immune and because it performs functions integral to state government. It is entitled to sovereign immunity on appellant’s contract claims because there was no valid written contract between the parties.
  • SANITATION DISTRICT NO. 1 v. McCORD PLAINTIFFS
    2011-CA-000891 01/25/13
    Opinion by Judge Taylor; Judges Keller and Thompson concurred.
    Group of homeowners served by the appellant sanitation district sued the district alleging negligence, nuisance, trespass, and inverse condemnation after, on two occasions, raw sewage from sanitary and storm sewers overflowed and invaded homes causing damage. Court of Appeals held that the district was entitled to defense of sovereign immunity homeowners’ negligence claims on that basis that it is an arm of its parent counties and carries out integral functions of state government. However, the district is not entitled to sovereign immunity on homeowners’ claims for inverse condemnation, nuisance, and trespass.

 

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