The Kentucky Court of Appeals announced 17 decisions  on July 2, 2015, with 2 of their opinions designated to be published.

Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.

Click here for all of a listing of the Kentucky Court Report’s posts of the weekly COA minutes(or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).  AOC version of this week’s decisions can be accessed by clicking here.

For the complete set of this week’s minutes listing all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below the digested summaries of this week’s published cases.

Published appellate cases for  this week – July 2, 2015:

552.  Was decedent and wife married at time of death? COA said yes.
The Est. of Luther Royce Mills v. Shirley Mills
COA, Pub, 7/2/2015; Jefferson County; Affirming

J. LAMBERT, JUDGE: The Estate of Luther Royce Mills (Luther’s estate) appeals from the Jefferson Circuit Court’s September 13, 2012, order holding that Shirley Mills and Luther Royce Mills were married at the time of Luther’s death in October 2011. After Luther’s Last Will and Testament was submitted for probate, Shirley asked the trial court to rule on the issue of whether she and Luther were married at the time of his death. Both the trial court and the Jefferson Circuit Court ruled that the parties were still in fact married. After careful review, we affirm the ruling of the Jefferson Circuit Court.

564.  Criminal Law.  Unanimous Verdict, Deliberations
Jeffrey King v. Commonwealth of Kentucky 
COA, Pub. 7/2/2015, Madison County, Affirming

Selected not to be published decisions on tort, insurance and civil–

563.  School spanking; Imunity
A.(C. whose interest is represented by her parents) v. Darren Sparkman

568.  Nursing Home Arbitration, Wrongful Death
HBR Brownsville LLC v. Johnny Childress
COA, NPO, Edmonson County

The Appellants contend that all claims set out in the Appellees’ personal injury and wrongful death action against them are subject to an arbitration agreement signed by the Appellees and Elsie Lee Childress prior to her death, and that the Edmonson Circuit Court erred in concluding that the wrongful death claim is excluded from the agreement. We conclude that Ping v. Beverly Enterprises, Inc., 376 S.W.3d 581 (Ky. 2012), disposes of this matter in favor of the Appellees, by virtue of its holding that wrongful death claims belong to statutory wrongful death beneficiaries and not to the decendent’s estate. We also decline the Appellants’ invitation to advocate Ping’s reversal by the Kentucky Supreme Court. Accordingly, we AFFIRM the Order on appeal.

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