December 2013 Monthly Summary of Published Decisions

Here are short summaries with links to the full text of the published decisions only for the month of December 2014 from the Kentucky Court of Appeals.

CIVIL PROCEDURE

1129.  Civil Procedure (misjoinder, leave to amend)
Hughes v. Lawrence-Hightchew
COA Published 12/20/2013
Vacating and Remanding
COMBS, JUDGE: Teresa Hughes appeals from an order of the Campbell Circuit Court dismissing her personal injury action. The court granted the defendants’ motion to dismiss for misjoinder without leave to amend her complaint. After our review, we vacate and remand for further proceedings. 

CRIMINAL LAW

1115. Criminal Law. Expungement.
Rhodes v. Commonwealth of Kentucky
12/13/2013 COA Published
MOORE, JUDGE: Rebecca Rhodes appeals the Jefferson Circuit Court’s order denying her motion to expunge the charges against her. After a careful review of the record, we reverse in part because it appears the circuit court only reviewed whether Rhodes’s felony counts could be expunged, and it failed to determine whether Rhodes was entitled to have her misdemeanor expunged. We affirm in part concerning Rhodes’s motion to expunge her felony counts, and we remand for further proceedings to determine if her misdemeanor should be expunged and, if it should, what specific evidence supporting that misdemeanor conviction may be expunged.

REVENUE AND TAXATION

1108.  Revenue and taxation.
Estate of Mildred McVey v. Dept. of Revenue
12/13/2013 COA Published

CLAYTON, JUDGE: The Estate of Mildred L. McVey appeals from the April 11, 2012 order of the Franklin Circuit Court concerning an inheritance tax assessment. First, the circuit court reversed the decision of the Kentucky Board of Tax Appeals (hereinafter “KBTA”) and reinstated the decision of the Department of Revenue, Finance and Administration Cabinet (hereinafter the “Department”) that had disallowed the deduction for inheritance taxes as a “cost of administration.” Further, the circuit court reversed the KBTA’s decision regarding the Department’s adjustment to the bequests of certain beneficiaries, wherein the Department had added the value of the estate’s payment of inheritance taxes to the bequests. After careful consideration, we affirm the decision of the circuit court.

 

TORTS AND NEGLIGENCE

1100.  Medical Negligence.  Punitive damages. Ratification and gross negligence.
Saint Joseph Healthcare, Inc.  vs. Thomas, Adm’or of Est. Larry O’Neil
MAZE, JUDGE: Following a prior appeal, this Court remanded this matter to the Fayette Circuit Court for a new trial on punitive damages against the Appellant, St. Joseph Healthcare, Inc., d/b/a St. Joseph Hospital (“the Hospital”). At the conclusion of that trial, the jury awarded punitive damages against the Hospital in  favor of the Appellee, Larry O’Neil Thomas, as Administrator of the Estate of James “Milford” Gray, (“the Estate”). The Hospital now appeals from orders by the Fayette Circuit Court denying its motion for a directed verdict on the Estate’s punitive damages claim, and on its post-judgment motions for a judgment notwithstanding the verdict (JNOV) and for a new trial.

The Hospital argues that a directed verdict was appropriate because the Estate failed to present sufficient evidence that it ratified the conduct of its employees or that the conduct amounted to gross negligence. The Hospital also argues that it was entitled to a new trial based upon misconduct of a juror, errors in the instructions, and the jury’s excessive award of punitive damages. With respect to the directed verdict issue, we conclude that the Estate presented sufficient evidence of ratification and gross negligence to submit the matters to the jury. In addition, we find that the trial court did not abuse its discretion by denying the Hospital’s motions for a new trial. Hence, we affirm.