SC: December 2016 Decisions of the Supreme Court of Kentucky (Minutes)

28 Decisions Numbered 166-193. 15 opinions published.

No minutes for November!  But the Supremes dished out 27 decisions and more for your reading pleasure.  Merry Christmas!

Here are some of this December’s from the published cases:

  • Evidence. KRE 615(3). Separation of Witnesses. Experts. Trial court properly exempted the defendant’s expert from the separation of witnesses rule based on counsel’s statement that the expert’s presence was essential to management of the case.
  • Mutual Release. Performance Bond. Whether a planning commission may call for payment on a performance bond where a developer, on whose behalf the bond was issued in favor of the planning and zoning commission, defaults on its loan obligation to the bank and executes a deed in lieu of foreclosure to the bank and its property management company. And if so, what is the effect of the language of the mutual release which absolves the developer’s surety of any further liability upon execution of the deed in lieu of foreclosure, and what is its effect on the bond obligations and the developer’s duty to indemnify the surety?
  • Attorney Fees. Does KRS 376.460 permit filing and enforcing an attorney’s lien to recover unpaid fees pursuant to the contract for representation in a marital dissolution proceeding involving division of marital assets?
  • Governmental Immunity. Negligence. Comair Analysis. Whether Kentucky River, the Community Action Agency for four counties, is entitled to governmental immunity from a wrongful death claim.
  • Certification of the Law. Jury selection. Fair cross-section requirement.

Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows.  Use the scroll arrows at the bottom left of the PDF document to scroll through the pages.