Postcard image of the Third and Current Bell County Courthouse in Pineville which was built between 1919-1920. Three and half story brick building was designed by John Gaddis, architect from Vincennes, Indiana. The building was gutted by fire on March 4, 1944 and renovated shortly thereafter.
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 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.
Published Court of Appeals appellate cases for this week – Feb. 19, 2016: Links are to full text of PDF decision with AOC.
132. Open Records Act and Calculation of costs for not complying
Cabinet for Health and Family Services vs. Courier Journal
Court of Appeals Published Opinion Affirming Trial Courts rulings and remanding for trial court’s consideration of post-judgment fees and costs
138. Immunity
Antoinette Taylor vs. James Chestnut Maxson, Esq.
Court of Appeals Published Opinion Affirming dismissal of plaintiff’s claims on basis of governmental immunity and qualified official immunity (but for slightly different reasons than those articulated by the circuit court).
139. Conversion – common law and UCC
Harold Baerg vs. Angela Ford
Court of Appeals Published Opinion
D. LAMBERT, JUDGE: Faisal Shah and Harold and Kathleen Baerg (the Baergs) appeal from two separate orders of the Fayette Circuit Court granting summary judgment in favor of Angela Ford and three companies Ford controls (collectively Ford). Ford sued both Shah and the Baergs for conversion. After review, we reverse the circuit court’s decisions in this consolidated opinion.
145. Criminal Law
Gary Brooks vs. Commonwealth of Kentucky
Court of Appeals Published Opinion reversing trial court denial of criminal defendant’s suppression motion.
152. Defamation. Opinions.
Thomas Williams vs. Micah Blackwell
Court of Appeals Published Opinion affirming dismissal of claim of defamation in their individual capacity.
Torts, insurance and civil procedure decisions:
See published decisions above (132 on open records and 152 on defamation).
Nonpublished decisions follow:
146. Qualified official immunity
James Sizemore vs. Crystal Maggard
COA Not to Be Published Opinion affirming in part and reversing in part and remanding dealing with case of judge executive and discretionary functions supervising county road department and thus qualified official immunity; county road foreman and his duties as county road engineer was not entitled to qualified official immunity; and county magistrate owed no duty to Maggard or to Brock as to the maintenance and repair of Stone Road and was thus entitled to summary judgment.
150. Personal jurisdiction. Foreign Insurer. UIM
Day Taylor vs. Bristol West Insurance Co.
COA Not to Be Published Opinion affirming summary judgment dismiss Taylor’s claims against Bristol for lack of personal jurisdiction.
This dispute arose from a car collision in Kentucky, and an eventual lawsuit over UIM benefits after Plaintiff received the liability limits. Bristol West maintained that it was a foreign corporation, Taylor was an Indiana resident, the policy of motor vehicle insurance was issued to Taylor in Indiana, and the insured vehicles were principally garaged in Indiana. Bristol West argued that Kentucky did not have personal jurisdiction under its long-arm statute (Kentucky Revised Statutes (KRS) 454.210(2)) and that the action must be dismissed. The only nexus to Kentucky between the parties was that the accident occurred in Kentucky.
While the motor vehicle accident occurred in Kentucky, all tort claims related to the accident have been settled. This case looks exclusively to an insurance contract dispute between Bristol West and its insured, Taylor. COA held that the property and risk and contract were all Indiana and that no business was transacted in Kentucky to confer Kentucky personal jurisdiction over the Indiana insurance policy for UIM benefits.
152. Rescinding Insurance Policy. Material Misrepresentation. Innocent third party. Notice.
Charles Michael Broaddus vs. Kentucky National Ins. Co.
COA Not to Be Published Opinion Affirming Summary Judgement dismissing claims for coverage
This appeal dealt with an insurance application and material misrepresentations with the insurer rescinding the policy after an accident and claim. Lesson learned is if you want to stay in Kentucky, then seriously consider suing in tort and UIM in Kentucky before settlement of tort claims.
TAYLOR, JUDGE: Charles Michael Broaddus brings this appeal from a December 8, 2014, summary judgment of the Nelson Circuit Court concluding that Kentucky National Insurance Company properly rescinded a motor vehicle insurance policy issued to Gary Aldridge and dismissing Broaddus’ petitions for declaratory relief. We affirm.
