Mar. 7, 2014 Court of Appeals Minutes — RE: duty to defend class action claims; qualfied privlege denial not subject to immediate appeal; voir dire question not palpable error, damages limited to last interrogatory answer

COA Min IMAGE2

Five published decisions (208-219) from the Kentucky Court of Appeals for Mar. 7, 2014:

  • 212.  Homer Lawson vs. Commonwealth of Kentucky (Laurel County): COA affirmed criminal conviction for failure to register as sex offender appealing judge’s failure to instruction on mistake of law.
  • 213.  Donald Sproul vs. Kentucky Properties Holding, LLC (Gallatin County) COA reversed and remanded trial court finding  that the passway was a private passway and requiring Sproul reasonable access, dismissing claim for damages.
  • 218. City of Hillview vs. Truck America Training, LLC (Bullitt County) COA  affirmed trial court which concluded the city breached a land purchase contract with Truck America and jury’s award of damages to Truck America as a result of the city’s breach.
  • 220.  Commonwealth of Kentucky vs. Lisa Gilliam (Laurel County) COA  dismissed the Commonwealth’s appeal of a judgment of acquittal rendered pursuant to RCr 10.24.
  • 237.  Juanita Michelle Crews vs. Gail Shofner (Taylor County) In a child custody matter, COA concluded that child custody may be established or modified only after conducting a hearing and adhering to the statutory scheme, even when the petitioner is otherwise entitled to a default judgment. Reversed and remanded for further proceedings.

Complete archive of previous Minutes at AOC can be found here. Selected Tort, Insurance and Civil Procedure Decisions from COA Mar. 7, 2014:

  •  222. Insurance Company Duty to Defend Class Action Claims.
    Jamos Capital vs. Endurance American Specialty Insurance Company
    Jefferson County, NPO 3/7/2014
    COA decision reversing and remanding.  Jamos believed Endurance had duty to defend and indemnify them against claim presented against them in a pending class action lawsuit. COA found the trial court must first determine whether Kentucky or Ohio law applies in this case. This issue was addressed at the trial level, but the court did not rule upon it.  COA reversed and remanded for further proceedings.
  • 227.  Appeal Dismissed – Interlocutory Order.
    Board of Regents of Kentucky State University vs. Paul Winters
    Franklin County, NPO 3/7/2014
    COA held that appellant’s claim of qualified privilege was not a claim of absolute immunity and thus appealable per Breathitt County Bd. of Ed. vs. Prater, 292 S.W.3d 883 (Ky. 2009).
  • 230. Voir Dire; Zero Pain and Suffering Verdict.
    Danny Curtis vs. Clarence Grigsby
    Perry County COA NPO 3/7/2014 COA held not palpable error when insurance defense counsel asked on voir dire – “Does anyone believe there are not enough lawsuits as a result of car accidents?”  Plaintiff did not object, and counsel did not identify substantial rights affected or what resulting manifest injustice occurred.  Affirmed application of LaFluer v. Shoneys, 83 S.W.3d 474 (Ky. 2002)’s limitation of plaintiff to amount of damages listed in interrogatory answers.  Counsel’s request to overturn Miller v. Swift, 42 S.W.3d 499 (Ky. 2001) re zero pain and suffering was not properly preserved on appeal.

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