The Court of Appeals posted 22 decisions this week, numbered 956 through 977 with 3 cases designated for publication.
Published Court of Appeals Decisions
Here are the links to the full text of each published case for this week with a short synopsis or topic listed for each.
957. Business Litigation. Directed Verdict, JNOV (Fraud, Tortious Interference, Breach of Contract, Breach of Good Faith and Fair Dealing, Promissory Estoppel). Jury Instructions. Inconsistent Jury Verdict. Punitive.
PBI Bank, Inc. v. Signature Point KTC, LLC
Court of Appeals Published Opinion AFFIRMING Jefferson Cir. Ct. Judgement from Jury Verdict
This is a detailed decision on a multitude of issues. If this is what you do, then consider checking it out. The case has headings, too!
966. Family Law. Assumed Debt, Bankruptcy, and “fair contemplation” rendered debt not dischargeable
Trimble v. Trimble
Court of Appeals Published Opinion AFFIRMING Floyd Cir. Ct.
James Thomas Trimble (James) appeals from an order by the Floyd Family Court requiring him to pay his ex-wife Allison Trimble (Allison) for a credit card debt that she assumed for him during their marriage. He argues that the trial court erred because his debt to Allison was dischargeable in bankruptcy. Because we hold that the “fair contemplation” test applied to James’ debt, such that James’ debt was not dischargeable, we affirm.
972. Criminal Law.
Montgomery v. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING IN PART, REVERSING IN PART, AND REMANDING Morgan Cir. Ct.
Montgomery argues three issues before this Court, the first of which is that the trial court should have granted a directed verdict of acquittal on all charges. In particular, Montgomery contends that Trooper Bolin did not suffer an injury and there was no credible attempt to injure him, as required for the assault conviction; the trooper was never in substantial danger of physical injury from Montgomery’s actions, as required for wanton endangerment; and Montgomery’s minor movements upon being handcuffed were not sufficient to charge him with resisting arrest.
Selected Not To Be Published Decisions Dealing with tort, insurance and civil procedure:
960. Pro se defamation suit appealed.
Dinghy v. WKYT 27 News First
COA Not to Be Published Opinion AFFIRMING Jefferson Cir. Ct.
968. Nursing Home Arbitration and POA.
New Heritage Hall Health & Rehabilitation Center, LLC v. Coffman, Adm’or of Est. of Charles Coffman
COA Not to Be Published Opinion AFFIRMING Anderson Cir. Ct.
970. Homeowners Insurance Coverage.
Estate of Mary Mae Price v. Shelter Mutual Ins. Co.
COA Not to Be Published Opinion AFFIRMING Pulaski Cir. Ct.