Weekly COA Argument Calendar for Sept. 10, 11 & 12, 2007

LOCATION: HARDIN COUNTY JUSTICE CENTER, 120 EAST DIXIE AVENUE, ELIZABETHTOWN, KENTUCKY

DATE: Monday, September 10, 2007

  • 1:30 PM DIXON KELLER GRAVES
    CINTAS CORPORATION VS SITEX CORPORATION 2005CA002377
    Appeal from jury verdict awarding damages for tortious interference with a contract between a competitor and a customer.
  • 2:15 PM DIXON VANMETER GRAVES
    MARY LEE ET AL. VS FARMER’S RURAL ELECTRIC COOPERATIVE
    CORPORATION
    2006CA001641
    Did trial court properly grant summary judgment in a wrongful death action where Appellants argue that a power company had a duty to aircraft to mark its power line suspended over a river?

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY

DATE: Tuesday, September 11, 2007

  • 1:30 PM ACREE COMBS EMBERTON
    GRADY EDMON VS GARY HARRIS, M.D. ET AL. 2006CA002502
    Civil/Medical Malpractice: Whether trial court improperly granted summary judgment to two of the Appellees and abused its discretion in excluding the testimony of an expert witness in a medical malpractice suit.
  • 2:15 PM COMBS ACREE HENRY
    RYDER INTEGRATED LOGISTICS VS RONALD GARGALA ET AL. 2007CA001298
    Workers comp; at issue is an inquiry into the proper standard of causation where the victim of an accident dies from non-work related, personal, or ideopathic reasons.
  • 3:00 PM ACREE COMBS HENRY
    ACCEPTANCE INDEMNITY INSURANCE COMPANY VS LIBERTY MUTUAL INSURANCE CO.
    2006CA001867
    Civil/Insurance: Whether summary judgment was properly granted to defendant in a bad faith claim action between two insurance companies.
  • 3:45 PM HENRY ACREE COMBS
    THOMAS PENNINGTON ET AL. VS GREENUP COUNTY BOARD OF EDUCATION ET AL.
    2006CA001942
    Appeal from summary judgment dismissing action for damages sustained by mentally retarded student in roller skating accident during school-sponsored outing.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,

DATE: Tuesday, September 11, 2007

  • 2:45 PM NICKELL STUMBO THOMPSON
    JEANNE CRAWFORD ET AL. VS BOB PITTMAN ET AL.
    2006CA001604
    Whether trial court properly granted default judgment, abused its discretion in denying post-judgment motions, and wrongly awarded damages without notifying party of damages assessment hearing.
  • 3:30 PM NICKELL STUMBO THOMPSON
    WALLACE BOLIN, ADMINISTRATOR & PERSONAL REPRESENTATIVE OF THE VS PLOMER WILSON
    2006CA002259
    Whether trial court erred in granting summary judgment in a wrongful death action. Estate alleges county road engineer negligently failed to perform his job due to misfeasance, malfeasance, and nonfeasance.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,

DATE: Wednesday, September 12, 2007

  • 9:30 AM STUMBO NICKELL THOMPSON
    WINSTON JOHNSON VS COMMONWEALTH OF KENTUCKY
    2006CA001264
    MOR appeal; KRS 508.130(2); hearing to determine whether activity is Constitutionally protected; double jeopardy.
  • 10:15 AM STUMBO NICKELL THOMPSON
    BRANDI HAYS VS NAJEH ALIA ET AL. 2006CA001871
    Personal injury; trampoline injury; duty of care to infant; lack of supervision; Directed verdict; JNOV; instructions; spoliation of evidence.
  • 11:00 AM THOMPSON NICKELL STUMBO
    THE LOUISVILLE METRO DEPARTMENT OF CORRECTIONS VS COMMONWEALTH OF KENTUCKY ET AL.
    2006CA002032
    The Dept of Corrections appeals from a fine of $160.00 after a show cause hearing and a holding of contempt by the trial court. The substance of the appeal is a determination of the boundary between judicial and executive authority in the administration of work release privileges given to convicted felons. The Department, based upon an unwritten internal rule, denied work release to workers in temporary jobs in direct contradiction to the work release order issued by the trial court.

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