July 2008 Court of Appeals Argument Calendar posted

July  2008 Court of Appeals Argument Calendar posted.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Tuesday, July 08, 2008

1:00 PM STUMBO DIXON LAMBERT
THOMAS ENVIRONMENTAL CONTRACTING VS BOYD FISCAL COURT 2007CA000570
Civil appeal; interpretation of Boyd County ordinance No. 149-98 dealing with the qualifications of those bidding for county construction contracts; at what point are such qualifications determined.

3:30 PM BUCKINGHAM CAPERTON STUMBO
MKJ VS BOURBON COUNTY BOARD OF EDUCATION
2007CA000832
Directions on remand/42 U.S.C. 1983.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Tuesday, July 08, 2008

9:30 AM COMBS KELLER HENRY
COMMONWEALTH OF KENTUCKY VS CROMWELL LOUISVILLE ASSOCIATES ET AL.
2007CA001128
Appeal is taken from administrative procedures concerning property valuations determined by the Jefferson County PVA.

10:15 AM COMBS KELLER HENRY
LUCY STEILBERG VS C2 FACILITY SOLUTIONS, LLC ET AL. 2007CA001500
Appellant challenges entry of summary judgment in favor of appellee on the issue of whether appellant was an independent contractor not subject to the provisions of KRS Chapter 344.

11:00 AM HENRY COMBS KELLER
KENNETH DUTSCHKE ET AL. VS JIM RUSSELL REALTORS, INC. ET AL. 2007CA001146 Civil; issue – constitutionality of KUAA as applied when fraud in the inducement re underlying contract and in light of Louisville Peterbilt and 3D Enterprises.

1:30 PM CAPERTON KELLER WINE
ADAM WALTERS VS COMMONWEALTH OF KENTUCKY 2006CA002614
Direct appeal of 2nd degree Manslaughter. Appeal focus on application of KRS 503.055 and 503.085

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Wednesday, July 09, 2008

9:30 AM KELLER COMBS HENRY
LAW OFFICES OF JOHN P. PLYMIRE, PLC VS R. W. LYNCH, INC. 2007CA001201
Appellant appeals from an order of the circuit court enforcing a foreign judgment. Appellee argues, in part, that Appellant is precluded because it did not move to vacate the arbitration award within 90 days.

10:15 AM KELLER COMBS HENRY
MT. HOLLY NURSING CENTER ET AL. VS KAREN CROWDUS 2007CA001708
This appeal regards the binding nature of an arbitration agreement found within admission documents to the nursing facility. The admission documents were initially signed by the resident’s friend. Issues of agency and contract law.

11:00 AM HENRY COMBS KELLER
AUTO OWNERS INSURANCE COMPANY VS OMNI INDEMNITY COMPANY 2007CA001165
Civil; Insurance; Coots issue; Omni insured the tortfeaser and offered the victim their liability policy limits; AUTO OWNERS, victim’s uim carrier, substituted per Coots by advancing the liability limits to the victim; victim/AUTO OWNERS then sued tortfeaser and Omni; tortfeaser filed bankruptcy but no proof of claim was filed by victim or AUTO OWNERS in bankruptcy proceedings; the victim/AUTO OWNER’S lawsuit was dismissed; issue – is AUTO OWNERS entitled to restitution for substituted payment from Omni (tort feasor’s liability insurance company)?

Actually, it might be simpler to state as follows: is the underinsured motorist carrier entitled to restitution or payment from the liability carrier when the the tortfeasor goes bankrupt and no proof of claim was filed in the bankruptcy proceedings by either the victim for the personal injury claim or the UIM carrier for its claim against the bankrupt tortfeasor?  Of course, is the UIM carrier’s claim really a subrogation claim against the tortfeasor for the money it advanced or a claim for indemnity against the liability insurer?  I always thought/believed the claim of the uim carrier upon advancing the liability limits was an indemnity claim against the liability carrier up to the amount it advanced and a subrogation claim against the tortfeasor for any amounts the uim carrier pays to its own insured as UIM benefits.  Thus, it would sound like the claim is against the liability carrier for indemnity rather than subrogation, and can the liability carrier plead the affirmative defense of bankruptcy of its insured? Furthermore, did the UIM carrier have notice of the bankruptcy and was it discharged?  Wow!  I guess it wasn’t simper!

LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR, 120
NORTH LIMESTONE, LEXINGTON, KENTUCKY
DATE: Monday, July 21, 2008

10:00 AM GUIDUGLI CAPERTON VANMETER
YOST ENERGY, LLC VS JERRY GAINES ET AL. 2007CA001715
Oil & Gas Lease case. Issues: Lease interpretation, direct verdict and Jnov.

10:45 AM GUIDUGLI CAPERTON VANMETER
JOE YOUNG ET AL. VS DONALD DILLOW ET AL. 2007CA001405
Medical malpractice wrongful death case. Judgment for defense.

11:30 AM CAPERTON VANMETER GUIDUGLI
KERRI BULLINGTON VS WAYNE BUSH, M.D. 2007CA000705
Medical Malpractice Appeal – Issue is whether trial court committed error in limiting cross-examination regarding medical records and failing to admit certain medical records into evidence

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Thursday, July 24, 2008

9:30 AM THOMPSON NICKELL ROSENBLUM
KENTUCKY PUBLIC SERVICE COMMISSION ET AL. VS COMMONWEALTH
OF KENTUCKY
2007CA001635
Appellants are a power company and the Kentucky Public Service Commission (PSC) who appeal from an order of the Franklin Circuit Court reversing various PSC orders approving a rate schedule which permits the power company from recovering future pipeline replacement costs by means of a surcharge.

10:15 AM NICKELL THOMPSON ROSENBLUM
COMMONWEALTH OF KENTUCKY VS DONALD COLWELL 2007CA002197
Commonwealth appeals trial court’s grant of suppression motion following consensual search of vehicle.

11:00 AM ROSENBLUM NICKELL THOMPSON
DORIS MCCLURE VS DOLLAR GENERAL STORE, LTD. 2007CA001768
Appeal from summary judgment entered in favor of employer on claims of gender discrimination, age discrimination, outrage or intentional infliction of emotional distress, defamation and negligent supervision.

11:45 AM COMBS NICKELL GRAVES
MARY COLEMAN VS LONES ADAMS 2007CA001586
Property dispute involving parameters of private ownership and use of a public right of way.

LOCATION: HARRISON COUNTY JUSTICE CENTER, CIRCUIT COURTROOM, 115
COURT STREET, CYNTHIANA, KENTUCKY
DATE: Monday, July 28, 2008

1:30 PM TAYLOR CLAYTON MOORE
RANDY MARSHALL VS COMMONWEALTH OF KENTUCKY 2007CA001320
Whether circuit court erred by revoking conditional discharge and failing to consider alternative sentencing.

2:15 PM TAYLOR CLAYTON MOORE
ROBERT HOLLON VS COMMONWEALTH OF KENTUCKY 2007CA001053
Whether circuit court properly denied appellant’s RCr 11.42 motion.

3:00 PM TAYLOR CLAYTON HENRY
BOBBIE HILL-FERDINANDO ET AL. VS EMERGENCY CARE PHYSICIANS OF
NORTHERN KENTUCKY, P.S.C. ET AL.
2007CA001814
Whether circuit court erroneously denied motion for new trial upon issue of destruction of earning capacity; whether circuit court erred by denying motion for directed verdict; whether circuit court improperly reduced costs awarded under KRS 453.040.

LOCATION: HARRISON COUNTY JUSTICE CENTER, CIRCUIT COURTROOM, 115
COURT STREET, CYNTHIANA, KENTUCKY
DATE: Tuesday, July 29, 2008

9:30 AM MOORE CLAYTON TAYLOR
MATTHEW FORE VS COMMONWEALTH OF KENTUCKY 2007CA001382
Criminal Appeal involving whether Appellant was interrogated without being read his Miranda rights; whether trial court erred in granting the Commonwealth access to Appellant’s PSI report; and whether trial court erred in refusing to allow Appellant to withdraw his guilty plea and to represent himself without holding a hearing.

10:15 AM TAYLOR CLAYTON MOORE
JITANDER DUDEE VS CHARLENE DUDEE ET AL. 2007CA001331
Whether circuit court erroneously obtained a receiver to pay child support, maintenance and judgment amounts from accounts of business.

2007CA001742
11:00 AM CLAYTON MOORE TAYLOR
E.& P.P. CAB. VS SIERRA CLUB 2007CA001723
Challenge of circuit court reversal of issuance of an air quality permit.

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