SCM 2013.11: Decisions (minutes) from the Supreme Court of Kentucky for November 21, 2013 – Nos. 167-178

scokyjustices

Supreme Court of Kentucky

Published and Unpublished Decisions from the Supreme Court of Kentucky for November 21, 2013 (click here for AOC set of minutes) – Nos. 167-178

The Supreme Court of Kentucky this week announced 12 decisions, designating 10 of those decisions for publication (“To Be Published”).

In addition, there were –

  • 9 attorney/judiciary disciplinary decisions for publication.
  • 8 motions for discretionary review (MDR) were granted.

Click here  for complete list of all archived Supreme Court Minutes that you can download from the Administrative Office of the Courts web site.

Click here for THIS month’s minutes with links to all decisions, published and not to be published.

Short summary of a few of tort, insurance, procedure published decisions for this week are (click on the link for the full text of the decision from AOC):

167. Torts, Premises Liability, Open and Obvious
Dick’s Sporting Goods, Inc. vs. Betty C. Webb
Affirming
Fayette County
Published 11/21/2013

Questions Presented: 

Torts. Open and Obvious Doctrine. At issue is whether summary judgment for the defendant was granted properly under Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky. 2010).

168.  Torts. Attorney Malpractice.
Mickiel Pete vs. Michael Anderson, Jr.
Affirming
Jefferson County
Published 11/21/2013

Questions Presented: 

Tort Law. Standing. Attorney Malpractice. Issues include whether the beneficiaries of an estate have standing to sue an attorney for negligently prosecuting a wrongful death claim brought by the executrix of the estate.

171.  Torts. Slander of Title and Negligence.
Patricia W. Ballard vs. 1400 Willow Council of Co-Owners, Inc.
Affirming in Part, Reversing in Part, and Remainding
Jefferson County
Published 11/21/2013

Questions Presented: 

Torts. Slander of Title and Negligence. Issues involve the timeliness of the slander of title claim and the extent of duty owed by a condominium council with regard to an owner’s alleged responsibility to replace a multi-story bay window structure.

174.  Torts. Premises Liability.  Open and Obvious.
Wilma Jean Shelton vs. Kentucky Easter Seals Society, Inc.
Reversing and Remanding, Opinion by CJ Minton
Fayette County
Published 11/21/2013

Questions Presented: 

Torts. Open and Obvious Doctrine. At issue is whether summary judgment for the defendant was granted properly under Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky. 2010).

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