Kentucky Court of Appeals Decisions (Minutes) for October 25, 2013 (Nos. 993-1006); 14 decisions were announced by COA this date, with 1 of those decisions designated “To Be Published”).
For a copy of the minutes filed at the AOC web site, click here.
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Short summary of the published decisions for this week are (click on the link for the full text of the decision from AOC):
994. Burial contract, breach of contract claim.
Keaton v. G.C. Williams Funeral Home, Inc.
COA PUB 10/25/2013
NICKELL, JUDGE: Eula Keaton, Eric Hines, Thaddeus Hines, Rodney Hines, and Martin Hines (collectively “Family”) have appealed from the Jefferson Circuit Court’s grant of partial summary judgment in favor of G.C. Williams Funeral Home, Inc., and Green Meadows Cemetery, LLC, on the Family’s claims related to the burial of their mother, Gwendolyn Gamble. G.C. Williams has cross-appealedfrom the trial court’s denial of their motion for summary judgment on the Family’s breach of contract claim.
The Family filed suit against G.C. Williams and Green Meadows on December 10, 2010, setting forth claims for negligence, intentional infliction of emotional distress (IIED), fraud, negligent misrepresentation, breach of contract, and Kentucky Consumer Protection Act (KCPA)2 violations.3 Following a period of discovery, G.C. Williams and Green Meadows moved for summary judgment. The Family also moved for partial summary judgment. On January 24, 2012, the trial court granted summary judgment in favor of G.C. Williams and Green Meadows on all counts except the breach of contract claim against G.C. Williams. This appeal and cross-appeal followed.
On appeal, the Family contends the trial court erred in granting summary judgment on their negligence, IIED, and KCPA claims.4 The Family argues sufficient proof was presented to withstand summary judgment on each of these claims and the trial court improvidently granted judgment to G.C. Williams and Green Meadows. On cross-appeal, G.C. Williams contends the trial courterred in failing to grant summary judgment on the Family’s breach of contract claim. Following a careful review, we affirm.