Mar. 14, 2014 Court of Appeals Minutes — RE: asbestos litigation; open and obvious applied to ice on premises; POA did not include power to agree to nursing home arbitration

COA.MINUTES.POST.BANNER

Five published decisions (239-265) from the Kentucky Court of Appeals for Mar. 14, 2014:

242.  Larry Butch Carroll vs. N.E. Reed.  Edmonson County.
Government.  Fiscal court passed an ordinance directing the county sheriff and clerk pay to the treasurer the net income and net fees collected the prior month.  The clerk refused, and in response to a threat of criminal prosecution, filed a dec action.  Circuit court granted summary judgement enforcing the ordinance and COA affirmed.

248.  Dustin Carter vs. Commonwealth of Kentucky.  McLean County.  Criminal Procedure.  COA held trial court’s ruling the search was within a protective sweep incident to an in-home arrest was in error, but affirmed the alternative ruling the evidence would have been inevitably discovered.

253. Steven Stull vs. Commonwealth of Kentucky.  Nicholas County.
Criminal Law.  COA affirmed defendant’s conviction for first-degree sexual abuse and sentencing him to one year of imprisonment .

257.  Richard Alcorn vs. Deutsche Bank National Trust.  Laurel County.Civil Procedure. Summary Judgment. COA held summary judgment awarded Appellee over $14,000 was improper finding genuine issues of material fact still exist.

265. D.B. vs. Cabinet for Health and Family Services.
Calloway County.
COA reversed and remanded the order of the Calloway Family Court which dismissed a petition for custody of her three minor children because the statute cited was intended for appellate review of district court rulings in dependency, neglect, and abuse cases.

For a complete list of archived minutes at Court of Appeals, click here.

Selected Unpublished Tort, Insurance and Civil Procedure Decisions from COA Mar. 7, 2014:

246.  Torts. Asbestos.
Durham Estate vs. Ford Motor Company
COA.  NPO. Jefferson County.  3/14/2014.
COA affirmed summary judgement dismissing claims arising from decedent’s death through exposure to asbestos.

247.  Premises Liability.  Open and obvious applied to natural hazard (ice).
Bonita Cobb vs. Joseph Kamer
COA.  NPO.  3/14/2014.  Fayette County.

Bonita Cobb was injured when she slipped and fell on ice in the driveway of Joseph and Mauritia Kamer’s house. The Fayette Circuit Court granted summary judgment to the Kamers on the basis that the hazard was open and obvious. For the following reasons, we affirm.

255.  Nursing Home. Arbitration and Power of Attorney.
GGNSC Frankfort LLC vs.  Richard Bolin
COA.  NPO.  3/14/2014.  Franklin County.

This is an appeal from the Franklin Circuit Court’s determination that Clara Bolin, who was a nursing home resident, did not grant her son, Richard Bolin, as power of attorney the ability to limit her to binding arbitration in actions brought against the nursing home. Based upon the following, we affirm.

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