September 2012 Court of Appeals Argument Calendar

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LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Tuesday, September 11, 2012

10:00 AM
PHILLIP SEATON v Dr. JOHN M. PATTERSON
Appeal from jury verdict in medical battery case where in surgeon authorized to perform circumcision instead preformed penectomy. Issues are whether appellant should have been granted a directed verdict and whether the trial court erred in formulation of the instructions propounded to the jury.

10:45 AM
STELLUTI KERR, LLC v BASTIAN MATERIAL HANDLING, LLC
Appeal from judgment following bench trial on breach of contract. Issues include whether the trial court erred in holding that contract between parties was a “contract in perpetuity” and therefore terminable, hat contract was terminated after a reasonable period of time, that Appellee did not breach covenant of good faith and fair dealing and that contract was erroneously interpreted by the trial court.

11:30 AM
MICHAEL YOUNG v COMMONWEALTH OF KENTUCKY
Appeal from conditional guilty pleas to charges of theft by deception by accepting medical expenses from two sources seeking to adopt unborn child. Issues are whether directed verdict should have been entered and whether charge should have been reduced in degree based on the amount of money actually received by Appellants.

LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR,
120 NORTH LIMESTONE, LEXINGTON, KENTUCKY
DATE: Wednesday, September 12, 2012

01:00 PM
BITUMINOUS CASUALTY CORPORATION v ESTATE OF LAHOMA SALYER BRAMBLE
Civil; Insurance Law: Whether policies of insurance covered claims against insured.

01:45 PM
PROGRESSIVE MAX INSURANCE COMPANY v DAVID JAMISON
Civil; Insurance: Whether the circuit court erred in failing to offset the jury verdict for basic reparation benefits paid. Whether the circuit court erred in failing to credit appellee’s liability limits against the total damage award. Whether the circuit court erred in failing to enter judgment for appellant on its subrogation cross-claim. Whether circuit court erred in failing to give a sudden emergency instruction.

 

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Wednesday, September 12, 2012

10:45 AM
COMMONWEALTH OF KENTUCKY v MATTHEW DEAN BALLINGER
Following Ballinger’s indictment for DUI fourth offense within five years, the court determined that the three prior offenses could not be used, because the convictions did not occur until after Ballinger’s arrest for the 4th DUI. The Commonwealth appeals the court’s remand of the indictment based on the court’s determination that there were no grounds for a felony indictment.

11:30 AM
STATE AUTO INSURANCE COMPANY v LINDA CRENSHAW
Consolidated cases following SJ in favor of plaintiff in personal injury case on issue of enforceability of settlement agreement accepted four years after it was made. Whether there were genuine issues of material fact regarding whether the settlement offer lapsed during that time or whether there was a “meeting of the minds” so as to create an agreement. Companion case appeals court’s finding that the car dealer, not the driver, was the title-holder and therefore the primary-insured.

 

LOCATION: UNIVERSITY OF KENTUCKY COLLEGE OF LAW, COURTROOM, LAW
BUILDING, 620 SOUTH LIMESTONE STREET, LEXINGTON,
DATE: Wednesday, September 26, 2012

10:30 AM
JANE ODOM v BERNARD WALT
Whether circuit court erred by awarding an equitable mortgage in favor of Walt.

11:15 AM
LV VENTURES, LLC v TREY SCHOTT
2011-CA-000473 and 2011-CA-001132 – Whether circuit court erred by submitting jury instructions on both breach of contract and fraudulent inducement; whether appellants were entitled to a directed verdict; whether claims were barred by statute of limitations.
2011-CA-000640 – whether circuit court erred by not awarding more attorney’s fees.

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