Minutes for Kentucky Court of Appeals for October 13, 2006

Minutes for Kentucky Court of Appeals for October 13,  2006 [click on title for PDF]

  • 28 decisions:  Nos. 1033 – 1058
  • THREE published decisions with names and links to full text as follows:
    • 1043: Kentucky Transportation Cabinet v. Wilson Furniture Inc.
      Civil Procedure:  Voir Dire.  In granting motion for new trial due to juror mendacity when juror failed to indicate he knew counsel for one of the parties requires finding by lower court that the juror “deliberately withheld information” or “intentionally misrepresented factual information”
    • 1050: Witt v. Eastern Kentucky University
      Contracts:  Relying upon KRS 164.390, the University can prohibit Witt from simultaneous employment by EKU and maintenance of a subcontractor relationship to perform work on campus under a contract between the university and a private business entity.
    • 1052: Nanny v. Smith
      Civil Procedure: CR 3 and commencement of civil action does not occur until filing of a complaint and issuance of summons in good faith.  Failure of clerk to issue the summons within the statutory period is fatal.

      UPDATED Per comment by DAVID KRAMER: 

      The [above] case reinforces that it is not merely the filing of the complaint AND issuance of summons within the limitations period that makes the filing timely, it must be accompanied by "a bona fide, unequivocal intention of having it served presently or in due course or without abandonment," citing Roehrig v. Merchants & Businessmen’s Mut. Ins. Co., 391 S.W.2d 369 (Ky. 1965).

  • Minutes List all published and nonpublished decisions with links to the full text of the decision posted at AOC’s web site plus orders regarding dismissals, extraordinary writs, discretionary review.

UPDATED:  had cases cross linked.  sorry.

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