MAY 2008 Court of Appeals Argument Calendar

May 2008 Court of Appeals Argument Calendar posted.

May 5, 6, 12, 13, 14, 21 and 29, 2008.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Monday, May 05, 2008

10:00 AM WINE CAPERTON KELLER
DAVID TIDWELL, IV VS COMMONWEALTH OF KENTUCKY 2007CA000136
Appeal from conviction for TBUT over $300 and PFO II. Denial of motion for directed verdict; denial of lesser-included offense instruction; violation of separation of witness order; denial of motion to suppress evidence seized pursuant to search warrant; denial of motion to suppress photographs and witness identification as unduly suggestive; impeachment of defense witness on collateral matter; cumulative error.

10:45 AM WINE CAPERTON KELLER
GEORGE GLASS VS NANCY GLASS 2007CA000301
Appeal and cross-appeal from dissolution judgment. Direct appeal: Classification of non-marital property; burden of proof to show that increase in value of non-marital property remains non-marital; and division of marital property. Cross-appeal: classification of a ring which replaced a gifted ring as marital; sufficiency of evidence of value of another ring used to offset ring; existence of agreement regarding disposition of rings.

11:30 AM WINE CAPERTON KELLER
JAMES BROOKS ET AL. VS GRAMS, INC. 2007CA001087
Appeal from summary judgment dismissing vicarious liability claim. Whether the spouse of an employee who is running a work-related errand for the employee has an agency relationship with employer. Existence of genuine issues of material fact.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Tuesday, May 06, 2008

10:00 AM KELLER CAPERTON WINE
ZOEY YOUNG VS UNIVERSITY HOSPITAL OF THE ALBERT B. CHANDLER MED. CTR. INC. ET AL.
2007CA001075
In this medical negligence action, the circuit court dismissed defendant medical center on the basis of sovereign immunity.Appellant alleges the defendants were not entitled to said immunity protection.

10:45 AM KELLER CAPERTON WINE
S.M., A CHILD UNDER EIGHTEEN VS COMMONWEALTH OF KENTUCKY 2007CA001353
This appeal involves the circuit court’s opinion affirming the district court’s ruling that the appellant, a juvenile, who was allegedly not eligible to be declared a juvenile sexual offender due to conviction for two counts of voyeurism was not entitled to an independent sexual assessment.

11:30 AM KELLER CAPERTON WINE
DOUGLAS FULTZ VS COMMONWEALTH OF KENTUCKY 2007CA000203
The appellant is alleging six points of error in this appeal from a Manslaughter in the Second Degree verdict. They include juror tainting as well as sufficiency of the evidence.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Wednesday, May 07, 2008

9:00 AM ACREE NICKELL VANMETER
MARK LIBRETTO VS KIM KINNAIRD 2006CA001682

1:30 PM WINE KELLER THOMPSON
PAUL ROGERS ET AL. VS SCARLETT COUNTS ET AL. 2006CA001087
Rogers appeal from a jury verdict awarding them no damages for personal injuries in a motor vehicle accident. Sufficiency of evidence; denial of motion for new trial; exclusion of evidence involving insurer while allowing insurer to participate at trial as a party; trial court’s denial of request for additional cross-examination of medical witness testimony admitted by video deposition; preservation issues.

2:15 PM BUCKINGHAM LAMBERT TAYLOR
TONYA DEROSSETT VS GERTRUDE TYSON 2007CA001042
Property damage.

3:00 PM TAYLOR LAMBERT BUCKINGHAM
ROY HAMM VS DIANA HAMM 2006CA002119
2006-CA-002119 – Whether circuit court erred in its division of marital property; 2006-CA-002143 -Whether circuit court erred by not awarding permanent maintenance.

3:45 PM STUMBO COMBS KNOPF
VANDANA KUMAT VS ASHUTOSH LOHE 2006CA002624
Appeals from dissolution of marriage; issues include division of marital property, maintenance, failure to award childcare expenses.

LOCATION: CARROLL COUNTY COURTHOUSE, HALL OF JUSTICE, 802 CLAY STREET, CARROLLTON, KENTUCKY
DATE: Monday, May 12, 2008

1:00 PM KELLER THOMPSON GRAVES
MITZI WYRICK VS DEPARTMENT OF REVENUE, FINANCE & ADMINISTRATION CABINET ET AL.
2007CA000089
This case originated as an Open Records action in Franklin Circuit Court which upheld the appellees invocation of KRS 61.878(1) which addresses access to materials pertaining to civil litigation to deny appellant’s Open Records request. The appellees alleged that this is actually a discovery dispute masquerading as an Open Records request case.

1:45 PM KELLER THOMPSON GRAVES
CLARENCE HICKS VS R & J WELL SERVICE ET AL. 2007CA002609
Petition for Review filed by Clarence Hicks who sustained an injury on August 18, 2006, when he was lifting a large well head weighing 150 pounds. The Workers’ Compensation Board’s opinion dated 11-30-07 affirmed the ALJ’s opinion dated 7-20-07 dismissing the claims. The ALJ found no work-related injury; failed to apportion any active impairment; and denied requested surgery.

LOCATION: CARROLL COUNTY COURTHOUSE, HALL OF JUSTICE, 802 CLAY STREET, CARROLLTON, KENTUCKY
DATE: Tuesday, May 13, 2008

10:00 AM THOMPSON KELLER GRAVES
GREGORY DILLMAN VS COMMONWEALTH OF KENTUCKY 2007CA000455
Appellant was convicted in trial by jury of trafficking in a controlled substance. During cross examination, appellant alleges he was questioned about prior bad acts. Appellant asserted a fifth amendment right. Trial ct ordered appellant to answer question. Appellant complains prosecution did not give notice pursuant to KRE 404 © of intention to introduce evidence of other crimes, wrongs or acts, and of violation fifth amendment rights. Alleges trial ct. improperly instructed jury to law of case.

10:45 AM THOMPSON KELLER GRAVES
EDDIE ROTHWELL VS E. SINGLETON ET AL. 2007CA001348
Appellant appeals a directed verdict during a jury trial of a will contest action. Appellant believes that sufficient evidence was introduced during its case in chief so as to compel that this litigation be decided by the jury.

11:30 AM THOMPSON KELLER GRAVES
Z. T. VS M. T. ET AL. 2007CA001444
Issues: Finding of dependency, neglect and abuse, and ordered that he have no contact with his children; When 6 yr old child was questioned by county atty, the judge ordered him to remain outside of room and view proceedings on closed circuit TV and communicate with his atty by way of microphone connected to earphones worn by his atty; Alleges Mother had affair with pastor for one yr and had sexual relations with him in her home and children were in the home.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Tuesday, May 13, 2008

10:00 AM WINE ACREE VANMETER
PEOPLES BANK OF NORTHERN KENTUCKY, INC. ET AL. VS CROWE CHIZEK AND COMPANY LLC ET AL.
2007CA001174
Bank appeals from 6 orders entered by trial court without opinion or discussion, which had effect of granting summary judgment and dismissing each of bank’s claims. Issues: Court ignored Steelvest standard, statute of limitations was tolled, claim for aiding and abetting, punitive damages, discovery, an alleged "release", jury instruction, waiver provision of audit engagement letter, and bank’s check conversion losses.

LOCATION: FLOYD COUNTY JUSTICE CENTER, CIRCUIT COURTROOM B, 127 SOUTH LAKE DRIVE, PRESTONSBURG, KENTUCKY
DATE: Wednesday, May 14, 2008

1:45 PM COMBS STUMBO KNOPF
LORRAINE MAY VS JAY MOORE 2007CA000978
Appellant challenges summary judgment against her in a case involving personal injury to her allegedly resulting from negligently made repairs to a house that she was leasing.

2:30 PM COMBS STUMBO KNOPF
AMBER EVANS VS VICKY EVANS ET AL. 2007CA001728
Appellant, na
tural mother of three children at issue, challenges grant of custody to their paternal grandparents even though a judicial decree had previously found her to be a fit custodian.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Wednesday, May 21, 2008

10:30 AM KNOPF STUMBO TAYLOR
COMMONWEALTH OF KENTUCKY VS GREGORY BARTLETT ET AL. 2008CA000046
WRIT OF PROHIBITION

11:15 AM KNOPF STUMBO TAYLOR
COMMONWEALTH OF KENTUCKY VS A.C. CHAUVIN ET AL. 2008CA000027
WRIT OF PROHIBITION

LOCATION: MCCRACKEN COUNTY COURTHOUSE, COURTROOM A, SECOND FLOOR, 301 SOUTH SIXTH STREET, PADUCAH, KENTUCKY
DATE: Thursday, May 29, 2008

1:30 PM TAYLOR CLAYTON NICKELL
DICKIE TODD VS CITY OF PADUCAH 2007CA001732
Whether circuit court properly concluded City of Paducah’s smoking ban ordinance did not constitute zoning ordinance under KRS 100.203.

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