November 2012 Court of Appeals Argument Calendar

The Court of Appeals will be hearing oral arguments on cases in Louisville (Nov. 8); Hardinsburg (Nov. 14); Frankfort (Nov. 19 & 20).

Issues of interest to Kentucky to personal injury and insurance attorneys include:  witness testimony via closed circuit TV (criminal case); statute of limitations; insurance coverage involving public official bond; informed consent and a “mock surgery” in jury’s presence in medical negligence trial.

Click here for entire calendar for this month at AOC.

Click here for entire INDEX to COA calendars organized by month and year.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE

DATE: Thursday, November 8, 20

1:30 pm
O’SHEA’S-BAXTER, LLC v COMMONWEALTH OF KENTUCKY
Zoning: constitutionality of KRS 241.075; limitation of liquor licenses in city of first class based on distance. special v. general legislation.

LOCATION: BRECKINRIDGE COUNTY JUSTICE CENTER, 111 WEST SECOND STREET, HARDINSBURG, KENTUCKY

DATE: Wednesday, November 14, 2012

10:30 am
JAMES BAGBY v COMMONWEALTH OF KENTUCKY
Whether circuit court erred by allowing victim to testify via  closed circuit TV; whether circuit court erred by failing to give “missing evidence” instruction.

11:15 am
GINA ALLEN v EXTENDICARE HOMES, INC.
Whether circuit court erred by granting appellees’ motion to dismiss appellant’s claim as time barred.

1:30 pm
THE OHIO CASUALTY INSURANCE COMPANY v CITY OF PROVIDENCE, KENTUCKY
Civil case: Surety company appeals the trial court’s  determination of the issue of coverage for the loss of funds from a public official bond.

2:15 pm
THE JERUSALEM RIDGE BLUEGRASS MUSIC FOUNDATION OF KY, INC. v OHIO
COUNTY INDUSTRIAL FOUNDATION, INC.
Declaration Judgment action: Appellant argues that the trial court erred in concluding that there was not an assignment or transfer of its rights to the “Bill Monroe name”.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY

DATE: Monday, November 19, 2012

1:15 pm
LORETTA SARGENT v Dr WILLIAM SHAFFER
Appellant received a jury verdict against her claims of failure to provide informed consent and medical negligence against appellee. Appellant argues that the court failed to properly instruct as to the appellee’s duties, and that the trial court erred in allowing the appellee to conduct a surprise mock surgery in the presence of the jury.

2:00 pm
MICHAEL A. WUELLNER v SAINT ELIZABETH MEDICAL CENTER, INC.
Appellant, who was separated but not yet divorced, argues that KRS 404.040 is unconstitutional, and that the trial court erred by applying the “necessaries doctrine” as common law.

2:45 pm
Dr. RODNEY STEWART v KENTUCKY HORSE RACING COMMISSION
Suspension of veterinarian’s license to practice at race track.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY

DATE: Tuesday, November 20, 2012

10:00 am
ANDREA WEICKGENANNT v THE BOARD OF REGENTS OF NORTHERN KENTUCKY
UNIVERSITY
An appeal from a denial of tenure case in which the appeal is from the trial court’s decision to grant a motion to dismiss a breach of contract claim. Issue is whether the trial court properly held that sovereign immunity barred Appellant’s suit because she did not have a valid written contract with the Commonwealth which provided for tenure as required by KRS45A.245(1) and KRS45A.030(4).

10:45 am
AK STEEL CORPORATION v FINANCE AND ADMINISTRATION CABINET
Appeal from Trial court decision that applies administrative regulation in such a manner that it denies Appellant, a corporation operating within an enterprise zone designed to revitalize economically depressed areas of Kentucky, certain tax incentives and benefits. At issue is the application of Finance and Administration Cabinet, Department of  Revenue v. DuPont Performance Elsastomers, Inc, L.L.C.,
2008 W.L. 746680 (Ky. App. 2008).

11:30 am
REGINA CARROLL v COMMONWEALTH OF KENTUCKY
Discretionary review granted from opinion of the circuit court affirming a ruling denying a motion to suppress in district court. Issues presented is whether the trial court may use hearsay evidence to prove the essential elements of a crime in a suppression hearing, whether the defendant must be given the Implied Consent Warning each time a test is requested by an arresting officer and whether the officer properly observed the defendant prior to the first test.

12:15 pm
FINANCE & ADMINISTRATION CABINET, DEPARTMENT OF REVENUE v WHAYNE SUPPLY COMPANY
Taxation issues, including whether Board should have conducted evidentiary hearing to resolve factual dispute, and whether Appellee complied with its obligations under KRS Chapter 139 with respect to acceptance of exemption certificates.

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