Michael Stevens | Kentucky Court Report

Cause of Action: Retail Store (Wal-Mart) Owed No Duty to Patrons of store when altercation occurs ; PJ Combs Affirming Held Wal-Mart had no duty either to prevent or to intervene in a physical altercation involving several of its patrons (Rose v. Wal-Mart, COA, NPO 9/12/2014)

Posted by Michael Stevens | Sep 15, 2014 | Case Notes, Causes of Action, COA Decisions, Premises Liability, Torts |

Torts. Duty Owed to Patrons of store when altercation occurs Rose vs. Wal-Mart COA Not Published 9/12/2014; PJ Combs Affirming Held Wal-Mart had no duty either to prevent or to intervene in a physical altercation involving...

Cause of Action: Premises Liability Open and Obvious Hazard Distinguished by COA for licensee (as opposed to invitee)

Posted by Michael Stevens | Sep 15, 2014 | Causes of Action, COA Decisions, Premises Liability, Torts |

Klinglesmith vs. Esate of Reba Pottinger Premises Liability. Slip and Fall. Licensee treated differently on open and obvious. COA Not Published 9/12/2014; PJ Stumbo Affirming [Although the issue of plaintiff’s failure to...

Case Notes: Defenses: Failure to revive cause of action upon defendant’s death dismissed as untimely and “equitable estoppel” not help the plaintiff under facts

Posted by Michael Stevens | Sep 13, 2014 | Case Notes, Civil Procedure, COA Decisions, Defenses |

Geraldine Allen vs. Emily Conner (now deceased) and Ohio Cas. Ins. Co. COA NPO 2/28/2013 Affirming Jefferson County COMBS, JUDGE: Geraldine H. Allen appeals the April 8, 2013, order of the Jefferson Circuit Court dismissing her...

Cause of Action. Kentucky is not a “direct action” state. Insurance company not proper defendant in wrongful death claim resulting in dismissal withOUT prejudice (Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co. COA, NPO 2/21/2014)

Posted by Michael Stevens | Sep 13, 2014 | Causes of Action, Civil Procedure, COA Decisions, Insurance, Torts |

Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co COA, NPO 2/21/2014 PJ Caperton Affirming in Part, Reversing in Part, and Remanding Allen County Affirmed dismissal of wrongful death claim (but without prejudice) asserted...

COA: Sept. 12, 2014 Decisions (Minutes) (820-846): open obvious defense distinction made on licensee vs. invitee duty; store’s duty to intervene in physical altercation involving customers; choice of law on UM “other insurance” clauses and “offsets”

Posted by Michael Stevens | Sep 13, 2014 | COA Minutes, Court of Appeals, Minutes - COA and SCOKY |

The Kentucky Court of Appeals announced 27 decisions on Sept. 12, 2014, with two opinions designated to be published – Grange v. Tennessee Farmers Mutual Ins. Co. (choice of law decision regarding Kentucky UM policy and...

Author: Michael Stevens

Cause of Action: Retail Store (Wal-Mart) Owed No Duty to Patrons of store when altercation occurs ; PJ Combs Affirming Held Wal-Mart had no duty either to prevent or to intervene in a physical altercation involving several of its patrons (Rose v. Wal-Mart, COA, NPO 9/12/2014)

Cause of Action: Premises Liability Open and Obvious Hazard Distinguished by COA for licensee (as opposed to invitee)

Case Notes: Defenses: Failure to revive cause of action upon defendant’s death dismissed as untimely and “equitable estoppel” not help the plaintiff under facts

Cause of Action. Kentucky is not a “direct action” state. Insurance company not proper defendant in wrongful death claim resulting in dismissal withOUT prejudice (Estate of Moore vs. Kentucky Farm Bureau Mutual Ins. Co. COA, NPO 2/21/2014)

COA: Sept. 12, 2014 Decisions (Minutes) (820-846): open obvious defense distinction made on licensee vs. invitee duty; store’s duty to intervene in physical altercation involving customers; choice of law on UM “other insurance” clauses and “offsets”

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