SCOKY Discretionary Review Grants for April 2009

Picture 18 Picture 20DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT

Kentucky Associated General Contractors Self-Insurance Fund v. Music
Construction, Inc. , 2008-SC-795-DG
Contracts. Workers Compensation Reimbursement. In a case in which
the workers' compensation insurer remits all benefits as increased by 30%
pursuant to KRS 342 .165(1) to the employee, is the carrier's
reimbursement action pursuant to the contract with the insured employer
barred by AIG/AIU Insurance Company v. South Akers Mining Company,
192 S .W.3d 687 (Ky. 2006)?

DISCRETIONARY REVIEW GRANTED 4/15/09

Commonwealth Cabinet for Health and Family Services v . L.J.P . , 2008-SC-
950-DGE
Termination of Parental Rights . Intervention . Issues involve an attempt by
paternal grandparents to intervene in an involuntary termination of parental
rights action .
Oral argument-August 2009

Ky. River Medical Center, et. AI. v. McIntosh , 2008-SC-464-DG
Open and Obvious Doctrine. Slip and Fall. The issue is whether a hospital
is liable for injuries to a paramedic who tripped over an unpainted curb
while transporting a patient into the hospital .

The Kroger Co./Country Oven Bakery v . Buckley, 2008-SC-415-DG
Intentional Infliction of Emotional Distress. Disability Discrimination . Law of
the Case doctrine. The issue is whether an appellate court can resurrect a
claim dismissed as pre-empted by a previous panel of the appellate court
in light of the "law of the case" doctrine.

Sajko v. Jefferson County Board of Education ., et. AI. , 2009-SC-21-DG
Notice . The issue is whether a teacher's fax to general counsel for the
school board followed by certified letters mailed on the tenth day but
received on the eleventh day complies with the provisions of KRS 161 .790
(3) which affords school teachers the right to appeal their termination .

Thrasher v. Durham , 2008-SC-809-DG
Evidence . Admissibility and Authentication of Documents. Issues include
whether documents produced during discovery are deemed authenticated
by virtue of their production or whether additional authentication is required
where documents were part of the file compiled by the defendant's former
attorney in a prior lawsuit.

Coomer v. CSX Transportation, Inc. , 2008-SC-784-DG
FELA. Res Judicata. Issue Preclusion . Issues include whether FELA
claim is barred by virtue of plaintiff's prior FELA claim against same
defendant where different injuries and different mechanisms of injury are
asserted .

The Public Service Commission of Kentucky v. Commonwealth of
Kentuckv, 2008-SC-483-DG
AND
The Union Light, Heat, and Power Company, n/k/a Duke Energy Kentucky,
Inc. v. Commonwealth of Kentucky, 2008-SC-489-DG
Utilities .
Public Service Commission. Tariffs. Issues include whether
economic-development riders to utility's rate schedule are lawful under
KRS 278.170 and KRS 278.030.

Machniak v. Commonwealth, 2008-SC-352-DG
Criminal Law. Sentencing . Finality of Sentences. Double Jeopardy. At
issue is plea agreement in which defendant agreed to increasing sentence
if probation terms were violated.

Louisville Gas and Electric Co. v, Hardin & Meade County Property
Owners for Co-location , 2008-SC-348-DG to be heard with Kentucky
Public Service Commission v. Hardin & Meade County Property Owners for
Co-location , 2008-SC-354-DG
Public Utilities . Civil Procedure. Issues include requirements for
enlargement of ten-day time period for designation of record under KRS
278.420 .

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