SCOKY ARGS for January 2009 – Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)

Update:  If we have been able to obtain the video of the argument, it will be noted following the decision!  1/17/2009

Appellate briefs are posted at the Northern
Kentucky University, Salmon P. Chase College of Law.  Click
here
.

The issues, dates, times, lower
court/judge, counsel, AND links to full text of briefs and 
COA decision are below!

WEDNESDAY, JANUARY 14, 2009

9:00 a.m. MILLER, ET AL. V. HUTSON (2007-SC-317-DG) 

Click HERE for Quicktime ™ Streaming Video

"Real Property. Caveat Emptor. Summary Judgment. Issues include whether developer-seller, who contracted with another for construction of residence for sale, may be liable to purchaser for construction defects." 
Discretionary Review granted 2/13/2008 
Whitley Circuit Court, Judge Paul Braden 
For Movants: David Ora Smith and Marcia A. Smith 
For Respondent: Darrell L. Saunders

       

10:00 a.m. BREATHITT COUNTY BOARD OF EDUCATION V. PRATER (2008-SC-41-DG)

Click HERE for Quicktime ™ streaming video.
"Interlocutory Appeals. Sovereign Immunity. Issues include whether interlocutory order denying claim of immunity is immediately appealable and, if so, whether school's provision of a residence on school property to house night watchman is a governmental function." 
Discretionary Review granted 4/16/2008 
Breathitt Circuit Court, Judge Larry Miller 
For Movant: Michael J. Schmitt and Jonathan C. Shaw 
For Respondent: Hershel Branson, Jr.



11:00 a.m.BRAVO DEVELOPMENT, INC. V. SINGLETON (2007-SC-769-DG)

Click HERE for Streaming Quicktime ™ Video.

"Unlawful Labor Practices. Election of Remedies. Issues include whether
pursuit of unpaid wages through the Department of Labor precludes
invocation of the court's original jurisdiction to pursue liquidated
damages in court pursuant to KRS 337 .385 based on the same underlying
unpaid wages claim." 
Discretionary Review granted 4/16/2008 
Campbell Circuit Court, Judge Fred A. Stine V 
For Movant: Philip Douglas Barr, Andrew Christian Smith and Scott A. Carroll
For Respondent: Margo L. Grubbs and Sherrill P. Hondorf

THURSDAY, JANUARY 15, 2009

9:00 a.m. COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. JOHNSON, ET AL. (2007-SC-678-DG) 


"Board of Claims. Highway Maintenance. Negligence. Issues include
whether Department of Highways was entitled to judgment on grounds that
it did not owe or did not breach duty of care with respect to roadside
tree that motorist crashed into."

Discretionary Review granted 6/11/2008 Knox Circuit Court, Judge Gregory Allen Lay
For Movant: Andrew Martin Stephens 
For Respondents: Denise Moore Davidson and George Mitchell Mattingly

10:00 a.m. HUNT V. COMMONWEALTH OF KENTUCKY (2006-SC-634-MR) 

"Death Penalty-Murder, Burglary in the First Degree and Wanton Endangerment in the First Degree." 
Floyd Circuit Court, Judge John David Caudill 
For Movant: Randall L. Wheeler, Shelly R. Fears and Julia Karol Pearson 
For Respondent: Matthew Robert Krygiel

FRIDAY, JANUARY 16, 2009

9:00 a.m. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. TDC GROUP, LLC, D/B/A MOLLY MALONE'S, ET AL. (2007-SC-315-DG) AND (CROSS-MOTION) TDC GROUP, LLC, D/B/A MOLLY MALONE'S V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, ET AL. (2007-SC-581-DG) 
"Administrative Law. Liquor Licensing. Issues involve (1) the manner of the measurement of the KRS 241.075 minimum distance of 700 feet between retail liquor drink licensees in cities of the first class or consolidated local governments and (2) whether KRS 241 .075(2) violates the local or special legislation provisions of Ky. Const. §§ 59 and 60." 
Discretionary Review granted 8/15/2007 and 10/24/2007 Franklin Circuit Court, Judge Roger Crittenden 
For Movant/Cross-Respondent (Louisville/Jefferson County Metro Government): David A. Sexton 
For Respondent/Cross-Movant (TDC Group): Kenneth Sidney Handmaker and Kevin Lee Chlarson For Respondent (Alcoholic Beverage Control Board): Henry Joseph Curtis and Matthew Scott Finley 
(Justice Abramson is recused)

10:00 a.m. EMBERTON V. GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. (2007-SC-443-DG) AND (CROSS-MOTION) GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. V. EMBERTON (2008-SC-109-DG) 
"Personal Injury. Statute of Limitations. Discovery Rule. In lawsuit based upon hepatitis A infection allegedly contracted at Red Lobster restaurant, issues include whether discovery rule tolls one-year statute of limitations." 
Discretionary Review granted 2/13/2008 and 4/16/2008 Warren Circuit Court, Judge Steve Alan Wilson 
For Movant/Cross-Respondent: Stephen L. Hixson and Casey Alan Hixson 
For Respondents/Cross-Movants: Stefan Richard Hughes and Matthew Porter Cook

11:00 A.M. COMMONWEALTH OF KENTUCKY V. NICHOLS (2007-SC-493-DG) 
"Criminal Law. Expert Testimony. Reciprocal Discovery Rule (RCr 7.24). Issue is whether prosecution is entitled to information about defense expert, including identity and summary of proposed testimony, when expert has generated no written report."
Discretionary Review granted 6/11/2008 McCracken Circuit Court, Judge Craig Z. Clymer
For Movant: Heather Michelle Fryman
For Respondent: Emily M. W. Roark

     

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