SC: November 2, 2017 Decisions of the Supreme Court of Kentucky (Minutes)

Nos. 136-158; 23 decisions; with 14 decisions designated for publication

A complete list of the minutes for all published and non-published decisions are further down the page, but we highlight selected published decisions (with direct links to their full text), attorney disciplinary matters (with links), and grants of discretionary review (no links) from the November 2017 Minutes of the Supreme Court of Kentucky.

Selected Published Decisions:

136.  Notice of Appeal
Ken Isaacs v. Jeff Caldwell
Questions Presented: Civil Procedure. Notice of Appeal. Summons. CR 3.01. Plaintiffs’ appeal from a decision of the planning commission was properly dismissed for improper service of process.

138.  Sovereign Immunity.
Big Sandy Regional  Jail Authority v. Lexington-Fayette Urban County Govt
Questions Presented: Sovereign Immunity. KRS 441.025. At issue in this matter is whether sovereign immunity bars an action by a regional jail against a county to recover the costs of housing that county’s prisoners, after they were arrested and held pursuant to a warrant from courts of that county. In addition, at issue is whether KRS 441.025 obligates a county to pay for the incarceration of prisoners arrested and held on warrants issued by the courts of that county which are served in the county where the prisoner is incarcerated.

140.  Sovereign Immunity.
University of Louisville v. Rothstein
Questions Presented:   Sovereign Immunity. Government Contracts. Employment. KRS 45A.245. The University is not immune from a former employee’s claim for breach of his written employment contract.

144.  Tort of conversion.
Ford v. Baerg, Jr.
Questions Presented:    Law. Conversion. Uniform Commercial Code. Issues include whether the defendants committed the tort of conversion when a signatory on the plaintiff’s bank accounts used his apparent authority over the accounts to transfer funds for the benefit of the defendants.

146.  Tort of Negligent Credentialing
Lake Cumberland Regional Hospital, LLC v. Spring View Hospital, LLC
This Court granted discretionary review to consider the issue of whether patients have a cause of action against a hospital for the negligent credentialing of a non-employee physician who is given staff privileges by the hospital. We consolidate these cases to determine whether Kentucky law recognizes the tort of negligent credentialing. For the following reasons, we reverse the Court of Appeals’ of negligent credentialing as a separate cause of action in the Commonwealth.

147.  Negligence. Medical Malpractice. Jail Healthcare. Expert Testimony.
John Adams, MD v. Sietsema
An inmate who claims that the jail’s medical director and nurse practitioner caused his illness to become life threatening by inadequately supervising and communicating with the jail’s nursing staff was required to present expert testimony to establish the standard of care for jail medical staff

149.  Nursing home compulsory arbitration clause reviewed
Kindred Nursing Centers Limited Partnership v. Wellner
Questions Presented:   Power of Attorney. Arbitration. Remand pursuant to the opinion of the United States Supreme Court in Kindred Nursing Centers Ltd. Partnership v. Clark, 137 S. Ct. 1421 (2017).

Attorney Discipline November 2, 2017:

COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW –
OCTOBER 25, 2017

MELVIN HENSLEY, ET AL. V. HAYNES TRUCKING, LLC, ET AL.
2016-SC-000180-DGE FAYETTE

SHANNON JONES, ET AL. V. DAVID WAYNE BAILEY
2017-SC-000203-DG FRANKLIN

VERONICA BRADLEY V. KENTUCKY RETIREMENT SYSTEMS
2017-SC-000275-DG FRANKLIN

NORTHERN KENTUCKY AREA DEVELOPMENT DISTRICT V. DANIELLE SNYDER
2017-SC-000277-DG BOONE

LEXINGTON-FAYETTE URBAN COUNTY HUMAN RIGHTS COMMISSION V. HANDS-ON ORIGINALS
2017-SC-000278-DG FAYETTE

MT. WASHINGTON FIRE PROTECTION DISTRICT V. MICHAEL DOOLEY
2017-SC-000313-DG BULLITT

AMERICAN GENERAL LIFE INSURANCE COMPANY, ET AL. V. DRB CAPITAL, LLC, ET AL.
2017-SC-000329-DG BOYD

KENTUCKY RETIREMENT SYSTEMS V. RONALD ASHCRAFT
2017-SC-000345-DG FRANKLIN

JOE DAUGHERTY, ET AL. V. BOBBI TABOR
2017-SC-000374-DG MCCREARY

KEITH A. GADD, ET AL. V. DON HENSLEY
2017-SC-000431-DG GARRARD

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.

MNT112017