Select Page
Posted by Michael Stevens | Jan 9, 2011 | Standards of Review |
When reviewing the entry of a DVO, our standard of review is whether the trial court abused its discretion. “The test for abuse of discretion is whether the trial judge's decision was arbitrary, unreasonable, unfair, or...
Read MorePosted by Michael Stevens | Jan 9, 2011 | Causes of Action |
The following COA decision examined recent Supreme Court decision of Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky. 2010) involving an invitee and premises liability for an "open and obvious" defect...
Read MorePosted by Michael Stevens | Jan 9, 2011 | Motions - Default, Set Aside, SJ etc., Standards of Review |
Upon review of a directed verdict, it must be determined “if a reasonable person could only conclude that movant was entitled to a verdict.” Zapp v. CSX Transportation, Inc., 300 S.W.3d 219, 221 (Ky. App. 2009)(citing CR 50.01;...
Read MorePosted by Michael Stevens | Jan 9, 2011 | Causes of Action |
“[B]oth indemnity and contribution depend upon liability by one or both parties to the original claimant who suffered the original loss. Without such liability, there is no independent right to indemnity or contribution.”...
Read MorePosted by Michael Stevens | Jan 9, 2011 | Defenses |
Estoppel is an equitable doctrine and is available when a party offers a false representation or conceals information that reasonably induces an injured party’s inaction. In order for estoppel to apply, the party estopped must...
Read MoreThis website is for informational purposes only and does not provide legal advice on any subject matter. By viewing the posts, contents and other information on this website, the reader understands there is no attorney-client relationship between the reader and the website/blog publisher and that it should not be used as a substitute for legal advice from a licensed professional attorney.
Readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.