Kentucky Court of Appeals Decisions (Minutes) for November 8, 2013 (Nos. 1024-1038). Condominium law question addressed; medical negligence/wrongful death claim looked at vicarious liability and res ipsa locquitur.

Historical Marker - John Marshall Harlan - Outside Boyle County Court House, Danville, Kentucky

Historical Marker – John Marshall Harlan – Outside Boyle County Court House, Danville, Kentucky

Kentucky Court of Appeals Decisions (Minutes) for November 8, 2013 (Nos. 1024-1038).

15 decisions were announced by COA this date, with 2 of those decisions designated “To Be Published”).

For a copy of the minutes filed at the AOC web site, click here.

Click here for complete list of all archived Court of Appeals Minutes that you can download from the Administrative Office of the Courts web site.

Short summary of the published decisions for this week are (click on the link for the full text of the decision from AOC):

1025.  Property Law, Condominium assessments, etc.
Steenrod v. Louisville Yacht Club Association, Inc.
COA, Published 11/8/2013
Oldham County – Judge Karen Conrad
Reversing, remanding one appeal; dismissing cross-appeal

TAYLOR, JUDGE: Ralston W. Steenrod brings Appeal No. 2011-CA-001444-MR from a June 10, 2010, summary judgment granted by the Oldham Circuit Court in favor of Louisville Yacht Club Association, Inc. (Yacht Association) for condominium assessments; a July 11, 2011, order denying a motion to reconsider; and a July 11, 2011, order awarding the Yacht Association attorney’s fees in this action. The Yacht Association brings Cross-Appeal No. 2011-CA-001493-MR from the July 11, 2011, order awarding it attorney’s fees. We reverse and remand Appeal No. 2011-CA-001444-MR and dismiss Cross-Appeal No. 2011-CA- 001493-MR as moot.

These appeals center upon the legal question of whether the Louisville Yacht Club (Yacht Club) was properly organized and established as a condominium property regime by Louisville Yacht Club, LTD, pursuant to the statutory laws of this Commonwealth. The Yacht Club consists of a boat marina and other ancillary property located at Pond Creek on the Ohio River in Oldham County, Kentucky. Steenrod maintains that the Yacht Club was not validly organized as a condominium property regime and, thus, the Yacht Association has no authority to assess any type of fees;1 conversely, the Yacht Association argues that the Yacht Club was a validly organized condominium property regime under Kentucky law at the time it was created in 1984. The circuit court rendered summary judgment concluding that as a matter of law the Yacht Club was a valid condominium property regime and the Yacht Association’s assessments were properly levied under the Master Deed.

In sum, we hold that the Boat Slips Units are not units within the meaning of KRS 381.810(1) and cannot be considered as part of a condominium property regime under KRS 381.805 – KRS 381.910 (Horizontal Property Law). Consequently, the circuit court erred by rendering summary judgment so holding. We do not address whether Steenrod is liable to the Yacht Association under any other applicable law or theories of recovery as this was not addressed by the circuit court.

1031.  Wrongful Death Claim.  Res ipsa loquitur, Medical Negligence.
Bryan vs. Correctcare-Integrated Health, Inc.
COA Published 11/8/2013
Oldham County –  Judge Karen Conrad
Affirming in part, reversing in part, remanding

COMBS, JUDGE: Virginia Bryan, as Administratrix of the Estate of Marty Lewis McMillen, and Dorothy Camenzind, mother and next friend of McMillen’s minor son, appeal the judgment and supplemental judgment entered in favor of CorrectCare-Integrated Health, Inc., (“CorrectCare”) and Gloria Herrera, L.P.N., following a jury verdict in the Oldham Circuit Court. Bryan and Camenzind contend that the trial court erred by denying their motion for a directed verdict and by improperly instructing the jury. They also assert error in the award of $4,397.79 in costs to their opponents in a supplemental judgment. After our review, we affirm the judgment (Appeal No. 2012-CA-001500); we affirm in part and reverse and remand in part the supplemental judgment (Appeal No. 2012-CA- 001921).

Bryan and Camenzind filed this action against CorrectCare and Herrera on November 18, 2008. In their complaint, they alleged that Correctcare, through its employees (specifically Herrera), had been negligent in the care and treatment of McMillen. Correctcare and Herrera answered and denied the allegations made against them.

Short Tort Report:

Wrongful Death Claim.  Res ipsa loquitur, Medical Negligence.
Bryan vs. Correctcare-Integrated Health, Inc.
COA Published 11/8/2013
Oldham County –  Judge Karen Conrad
Affirming in part, reversing in part, remanding

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