SC Discretionary Review Grants for Jan. 14, 2009


COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW –

JANUARY 14, 2009   (links are to lower court
decision if available Plus Opening paragraph)


  • CSX TRANSPORTATION, INC. V. TROY
    MOODY
    2007-SC-000548-DG
    JEFFERSON

    2005CA001494 
    THOMPSON, JUDGE: This is an appeal from a judgment following a jury verdict finding CSX Transportation liable under the Federal Employer's Liability Act, 45 U.S.C.A.§ 51-60, (FELA), for a permanent psychiatric neurological injury sustained by pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. Troy Moody as a result of his exposure to solvents during the course of his employment with CSX. The jury returned a verdict for Moody awarding him damages as follows: future medical expenses, $200,000; impairment of his earning capacity, $540,000; past pain and suffering, $1,000,000; and future pain and suffering, $1,000,000.


  • DONALD E. JAMES V. THOMAS
    L. JAMES
    2008-SC-000163-DG 
    TAYLOR
    2007CA001837 – not available

  • DELORES MARIE KNIGHT V. LINDA
    YOUNG
    2008-SC-000404-DG LYON

    2007CA001850

    COMBS, CHIEF JUDGE: Delores Marie Knight appeals from a judgment of the Lyon Circuit Court of July 25, 2007, finding her to be an unfit parent and awarding custody of her minor child, H.L.K., to the child’s paternal grandmother, Linda Young. We affirm.

  • ARMINTA JANE MULLINS V. PHYLLIS
    DIANNE PICKLESIMER
    2008-SC-000484-DGE GARRARD

    2007CA000086
    -  
    WINE, JUDGE: Phyllis D. Picklesimer (“Picklesimer”) appeals a judgment of the Garrard Circuit Court that awarded joint custody of her minor son, Zachary Alexander Picklesimer-Mullins (“Zachary”), to Arminta J. Mullins (“Mullins”). Picklesimer argues the trial court lacked jurisdiction and venue to issue orders regarding the custody of the minor child; Mullins lacked standing to pursue custody of the minor child; and the trial court erred in determining Picklesimer had waived her superior right to custody of the child. Mullins cross-appeals arguing the trial court abused its discretion by invalidating the agreed judgment of custody that awarded joint custody of the child to her, entered February 3, 2006. After considering the issues raised by Picklesimer and Mullins on appeal, we are compelled to affirm in part and reverse in part.

  • FLUKE CORPORATION V. GARY
    LEMASTER AND LARRY LEMASTER
    2008-SC-000530-DG PERRY

    2006CA002373
    COMBS, CHIEF JUDGE: Gary LeMaster and Carl “Larry” LeMaster appeal from a summary judgment and an order of the Perry Circuit Court dismissing their pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. products liability claims against Fluke Corporation. The case involved injuries that the appellants sustained in an explosion at a coal processing operation in Perry County, Kentucky. In their complaint, the LeMasters alleged that Fluke manufactured and put into the stream of commerce a defective and unreasonably dangerous voltage meter which was a substantial factor in causing their injuries. The trial court dismissed the claims on the ground that the applicable statute of limitations had expired before they filed the complaint. After our review of the extensive record, we conclude that the doctrine of equitable estoppel properly operated to prevent Fluke from asserting the defense of statute of limitations. Consequently, we vacate the summary judgment and remand for further proceedings.



  • GEORGE MAULDIN, ET AL. V. REBECCA
    BEARDEN
    2008-SC-000557-DGE JEFFERSON

    2007CA001888
    LAMBERT, JUDGE: Rebecca Bearden appeals from an order denying her motion to set aside the Jefferson Circuit Court's judgment awarding permanent custody of her child, Olivia Mauldin, to Joyce and George Mauldin, Olivia’s paternal grandparents. Rebecca further appeals from an order denying her motion for visitation, where the court found that it lacked jurisdiction to consider visitation. After careful review, we reverse in part, vacate in part, and remand for proceedings consistent with this opinion.

  • DAVID LAKE V. COMMONWEALTH
    OF KENTUCKY

    2008-SC-000876-DG KNOX
    Related Supreme Court Case:  2008-SC-000129

    2007CA000172  
    ACREE, JUDGE: David Lake appeals from an order of the Knox Circuit Court denying his request for Kentucky Rule of Criminal Procedure (RCr) 11.42 relief after an evidentiary hearing. Lake raises issues of ineffective assistance of counsel and witness perjury and argues defense counsel improperly waived the hearing to transfer the case pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580. from juvenile court to circuit court that is mandated by Kentucky Revised Statute (KRS) 640.010(2). We have examined the issues and the record and availed ourselves of the opportunity to hear oral arguments. We conclude that the judgment of conviction must be vacated and the case remanded for additional proceedings in the juvenile court. Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky.App. 2004).

 

 

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