SCOKY Oct. 2008 Oral Argument Calendar (with links to the briefs added)




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SUPREME COURT OF KENTUCKY ORAL ARGUMENT CALENDAR
OCTOBER 2008

The AOC calendasr can be located here.

The briefs are found at the Chase
School of Law at NKU.

WEDNESDAY, OCTOBER 15, 2008

9:00 a.m. CHAPPELL, ET AL., V. KUHLMAN ELECTRIC CORP. (2006-SC-140-DG) AND (CROSS-MOTION) KUHLMAN ELECTRIC CORP. V. CHAPPELL, ET AL. (2006-SC-144-DG)
"Professional Negligence. Damages. In this legal malpractice action, issues include: (1) whether the fiduciary duties of an attorney retained by an insurer to represent an insured employer in the reopening of a prior workers’ compensation proceeding also extend to the employer in its current capacity as self-insured; and, if so, (2) whether the insured sustained damages as a result of the attorney’s placing the interests of the insurer (or the employer as an insured) ahead of those of the employer in its capacity as self-insured."
Discretionary Review granted 9/13/2006
Fayette Circuit Court, Judge John R. Adams
For Stephen R. Chappell, etc., et al.:
Guy R. Colson and Elizabeth S. Feamster
For Kuhlman Electric Corp.:
John C. Morton, Samuel J. Bach, William C. Rambicure, Christopher D. Miller and Kurt Richard Denton
For Amerisure Mutual Insurance Company, etc.:
Robert E. Stopher and Robert D. Bobrow
(Note: Justice Noble and Justice Schroder are recused — Special Justices Roger L. Crittenden and Paul J. Vesper sitting)
(Rescheduled from January 17, 2008)

 

Appellant’s
    Brief

 
Appellant’s
    Brief

 
Appellee’s
    Brief

 
Appellee’s
    Brief

 
Appellee’s
    Brief

 
Appellant’s
    Reply Brief

 
Appellant’s
    Reply Brief


10:00 a.m. GIBSON V. COMMONWEALTH OF KENTUCKY (2007-SC-481-DG)
"Criminal Law. Indictments. Dismissal Without Prejudice. Where trial court granted Commonwealth’s motion pursuant to RCr 9.64 to dismiss indictment without prejudice, and denied defendant’s motion to make dismissal with prejudice, issues include the scope of trial court’s discretion and whether discretion was abused."
Discretionary Review granted 12/12/2007
Grayson Circuit Court, Judge Robert A. Miller
For Movant: James F. Dinwiddie
For Respondent: David W. Barr

 

Appellant’s
    Brief

 
Appellee’s
    Brief

 
Appellant’s
    Reply Brief


11:00 a.m. MORGAN V. SCOTT, ET AL. (2006-SC-693-DG) AND SCOTT, ET. AL. V. MOORE PONTIAC, BUICK, GMC, INC. (2006-SC-701-DG) AND (CROSS-MOTION) MOORE PONTIAC, BUICK, GMC, INC. V. SCOTT, ET AL. (2007-SC-282-DG)
"Negligence. Assumption of Duty. Apportionment of Damages. Instructions. In action for damages arising from collision caused by prospective buyer test-driving dealer’s vehicle, issues include questions relating to motor vehicle dealer’s duties, causation, apportionment of damages, instructions, and use of video depositions at trial."
Discretionary Review granted 4/11/2007 and 6/13/2007
Pike Circuit Court, Judge Steven D. Combs
For Timothy Morgan:
Pamela Adams Chesnut
For Candria Scott, et al.:
Gary C. Johnson and Rhonda J. Blackburn
For Moore Pontiac, Buick, GMC, Inc.:
William J. Baird III, Virginia Hamilton Snell, Deborah H. Patterson, William Jesse Baird IV, and Rania Maria Basha

 

Appellant’s
    Brief

 

Appellee’s
    Brief

 
Appellant’s
    Reply Brief

 
Appellant’s
    Reply Brief

 
Amicus
    Curiae Brief

THURSDAY, OCTOBER 16, 2008

9:00 a.m. TEN BROECK DUPONT, INC. V. BROOKS (2006-SC-484-DG)
"Civil Rape Shield Law. Hospital patient was allegedly raped by hospital employee. Patient sued hospital under negligent hiring and retention theories. Issues include whether patient’s prior sexual history should have been admitted, under KRE 412(b)(2), to support hospital’s defense that intercourse was consensual."
Discretionary Review granted 10/24/2007
Jefferson Circuit Court, Judge Denise Clayton
For Movant: John T. Ballantine, C. Thomas Hectus, Walter L. Sales, Larry A. Sykes and Jeffrey August Calabrese
For Respondent: Kevin C. Burke, Gary R. Hillerich, R. Dale Warren, and Irwin M. Ellerin
(Note: Justice Abramson is recused)

 

Appellant’s
    Brief

 
Appellee’s
    Brief

 
Appellant’s
    Reply Brief

 
Amicus
    Curiae


10:00 a.m. BOWLING, ET AL. V. KENTUCKY DEPARTMENT OF CORRECTIONS
(2007-SC-021-MR)
"Issues relating to multiple or successive civil actions related to death sentence. Can a civil action affect the execution of criminal judgment?"
Franklin Circuit Court, Judge Samuel G. McNamara
For Movant: John Palombi and David Michael Barron
For Respondent: David A. Smith, John C. Cummings, Karen Smith Howard and Jeffrey Thomas Middendorf
(Rescheduled from November 15, 2007)

 

Appellant’s
    Brief

 
Appellee’s
    Brief

 
Appellant’s
    Reply Brief

 
Supplemental
    Brief


11:00 a.m. BAZE V. COMMONWEALTH OF KENTUCKY (2007-SC-601-MR)
"60.02(e) Motion to Set Aside Void Judgment – Death Penalty."
Rowan Circuit Court, Judge William B. Mains
For Movant: John Anthony Palombi and David Michael Barron
For Respondent: David A. Smith
(Note: Justice Scott is recused)
(Rescheduled from November 15, 2007)

 

Appellant’s
    Brief

 

Appellee’s
    Brief

 
Appellant’s
    Reply Brief


FRIDAY, OCTOBER 17, 2008

NO ORAL ARGUMENTS

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