SCOKY 2009 Minutes: October 1, 2009 (Nos. 208-217)(minutes for September)

No Minutes for September 2009;  however, these appear to be those for September, just dated Oct. 1.

October 1, 2009 Supreme Court Minutes

  • Decisions 208-217
  • 10 decisions with 3 published
  • 5 published disciplinary cases with 4 attorney's withdrawing bar membershp
  • 8 motions for rehearing denied (none granted)
  • No motions for discretionary review granted or denied

Link to full text published decisions with opening paragraph from decision for idea of issues

208
Commonwealth v. Michael Baker

Questions Presented:
KRS 17.545, which restricts where registered sex offenders may live, may not be applied retroactively to offenses committed prior to July 12, 2006, the effective date of the statute.

Opinion of the Court Certifying the Law

The question of law to be answered is whether KRS 17.545,which restricts where registered sex offenders may live, may be applied to those who committed their offenses prior to July 12, 2006, the effective date of the statute.  We hold that it may not.  Even though the General Assembly did not intend the statute to be punitive, the residency restrictions are so punitive in effect as to negate any intention to deem them civil. Therefore, the retroactive application of KRS 17.545 is an expost facto punishment,which violates ArticleI,Section 10 of the United States Constitution, and Section19(1) of the Kentucky Constitution.

209
Comair, Inc. v. Lexington-Fayette Urban County Airport Corp.

Questions Presented:
Airport Board and Airport Corporation are government agencies performing a governmental function and are therefore entitled to immunity from suit for negligence; board members are entitled to immunity from suit in their representative capacities.

OPINION OF THE COURT BY JUSTICE NOBLE AFFIRMING

This case raises the question whether the Lexington- Fayette Urban County Airport Board, the Lexington-Fayette Urban County Airport Corporations, and the Board's members are entitled to sovereign, governmental, or other immunity so as to preclude liability in litigation over a tragic air crash. The Fayette Circuit Court found they are immune . Because the Airport Board and Airport Corporation are government agencies, specifically of the Lexington-Fayette Urban County Government, performing a governmental function, they are entitled to immunity from suit for alleged negligence, and the board members are entitled to immunity from suit in their representative capacities. The circuit court therefore is affirmed.

210
Tina Martin, Adm'x v. Ohio County Hospital Corp.

Questions Presented:
Torts. Issues include the propriety of jury consideration of recovery for alleged violation of the federal Emergency Medical Treatment and Active Labor Act and for "post-death loss of consortium.”

OPINION OF THE COURT BY JUSTICE NOBLE REVERSING

The Appellants in this action, Tina Martin, Administratrix of the Estate of Billie Carol Shreve, Deceased, and Donald Ray Shreve, Individually, were granted discretionary review of the Court of Appeals' reversal of the trial court's judgment. Two issues are raised: Whether a surviving spouse is entitled to loss of consortium damages beyond the death of the injured spouse for the unlawful acts of a third party;and whether the Appellee, Ohio County Hospital Corporation, was entitled to a directed verdict on a claim under the Emergency Medical Treatment and Active Labor Act, 42 U .S.C.§ 1395dd . This Court reverses the decision of the Court of Appeals .

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