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Posted by Michael Stevens | Mar 26, 2011 | COA Minutes |
COA 2011 Minutes for March 11, 2011 – Nos. 224 – 262 Click on the above link for the full text of minutes with link to full text of each decision. Link to AOC Page with current minutes and archived minutes...
Read MorePosted by Michael Stevens | Mar 26, 2011 | Damages, Standards of Review, Trial |
From CUMMINGS (CALVIN) VS. STEELE (BURNICE W.), ET AL., NPO, COA 3/11/2011 The decision of whether to grant a motion for a new trial based uponinadequate or inconsistent damages “‘. . . . is a discretionary function assigned to...
Read MorePosted by Michael Stevens | Mar 26, 2011 | Rules and Procedures (SCOKY) |
From Pena v. Green Tree Servicing, LLC, NPO, COA 3/11/2011 “The seminal duty of a court in construing a statute is to effectuate the intent of the legislature.” Commonwealth v. Plowman, 86 S.W.3d 47, 49 (Ky. 2002) (citing...
Read MorePosted by Michael Stevens | Mar 26, 2011 | Defenses, Torts |
From Faulkner v. Greenwald, COA, Published 3/11/2011 Summary judgment is proper when “the pleadings, depositions, answers to interrogatories, stipulations, and admissions on file, together with the affidavits, if any, show that...
Read MorePosted by Michael Stevens | Mar 26, 2011 | Causes of Action, Torts |
From Jones v. Lil Abner Motel, COA, Published 3/11/2011 The parties agree that as a guest in the motel, Appellant was abusiness invitee. See generally Lanier v. Wal-Mart Stores, Inc., 99 S.W.3d 431 (Ky. 2003) (discussing...
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