Another post card showing the Calloway County Courthouse with some cars and trucks that would have been nice to see parked there today.
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 – April 8, 2016:
Links are to full text of PDF decision with AOC.
283. Child support, child custody, attorney fees and expert expenses
Raymond Evans vs. April Evans Hess
Court of Appeals Published Opinion Affirming in part and reversing in part Boone Fam Ct. order
D. LAMBERT, JUDGE: This matter is before the Court on three separate appeals from rulings issued by the Boone Family Court. The Appellant in the first appeal (2013-CA-002072-ME), Raymond Evans (hereinafter “Raymond”), seeks this Court to review the lower court’s modification of an existing child custody order, an existing child support order, and to review the order directing him to pay a portion of the attorney fees and expert witness fees expended by the Appellee, (2014-CA-001512-ME) are M.K.G.E. and L.M.P.E., the minor children of Raymond and April, who seek this Court’s review of the Boone Family Court’s denial of a motion to strike testimony of their psychotherapist from the proceedings below. The Appellant in the third appeal (2015-CA-000043-ME) is Raymond, who seeks this Court’s review of the Boone Family Court’s denial of his motion for review of child support following another of the children attaining age eighteen, the Boone Family Court’s failure to award make-up parenting time after finding April in contempt, and the court’s failure to award immediate payment of attorney fees upon finding April in contempt. For the reasons described herein, we affirm in part, and reverse in part.
286. Employment discrimination, retaliatory discharge
Prentice Walker vs. Commonwealth of Kentucky Kentucky Education Television
Court of Appeals Published Opinion affirming Fayette Cir Ct. summary judgment on appellant’s employment discrimination and retaliation on the basis of race claims
Walker’s discrimination claims fail either due to the applicable statute of limitations or the fact that he failed to present sufficient evidence of pretext under McDonnell Douglas to warrant a fact-finder’s consideration of those claims. Similarly, we agree with the trial court that Walker’s retaliation claim lacks the affirmative and admissible evidence of record necessary to raise genuine issues of fact concerning a causal connection between his HRC complaint and KET’s subsequent failure to promote him. In sum, though for reasons which differ slightly, we agree with the trial court that KET was entitled to judgment as a matter of law on the entirety of Walker’s suit. The November 27, 2012 and May 9, 2014 judgments of the Fayette Circuit Court are therefore affirmed.
295. Child support arrearages
Brian Neighbors vs. Commonwealth of Kentucky
Court of Appeals Published Opinion reversing and remanding Butler Fam Ct determination of child support arrearages for further proceedings at which the Commonwealth must establish the amount of the arrearage with evidence.
296. Workers Compensation
Administrative Office of the Courts vs. Kathy Blevins
Court of Appeals Published Opinion affirming Workers Comp Board award in favor of AOC former employee injured in parking lot of AOC
To be published tort, insurance and civil procedure decisions:
284. Medical negligence
Jerry Walker vs. Metropolitan Urology PSC, Dr. Bell and Dr. Goodwin
COA Not to Be Published Opinion affirming Jefferson Cir Ct. jury verdict in favor the of the appellees in a medical malpractice Action
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