POTTER VS. PIKEVILLE MEDICAL CENTER, INC. COA, Not Published, 7/19/2019Torts. Loss of consortium for parent’s loss of an adult child.Affirmed trial court granting partial summary judgment dismissing claim for loss of...
Read MoreIn this case, the COA has a tight summary and analysis of claims for negligent parental supervision of their children. Briefly, the plaintiff was guest at an outside party and was hit in the back of her head by a water balloon...
Read MoreThe Kentucky Motor Vehicle Reparation Act, KRS 304.39, et seq., provides an exclusive remedy where an insurance company wrongfully delays or denies payment of no-fault benefits. There is no other Kentucky statute, regulation or...
Read MoreThe common law tort of breach of fiduciary duty requires the plaintiff to plead and prove four basic elements: “(1) the existence of a fiduciary duty; (2) the breach of that duty; (3) injury; and (4) causation.” Baptist Phys....
Read MorePunitive damages were not permitted for the breach of contract claim in Federal Kemper Ins. Co. v. Hornback, 711 SW 2d 844 (Ky. 1986). However, Justice Liebson’s dissent is noted for future reference on the existence of a...
Read MoreTo recover for a claim for intentional interference with contractual relations, a plaintiff must establish the following elements: (1) the existence of a contract; (2) Defendants’ knowledge of this contract; (3) that it intended...
Read MoreTortious interference with a prospective business advantage does not require the existence of a contract. Elements are: (1) the existence of a valid business relationship or expectancy; (2) Defendant was aware of this...
Read MoreA common law negligence claim requires proof of (1) a duty owed by the defendant to the plaintiff, (2) breach of that duty, (3) injury to the plaintiff, and (4) legal causation between the defendant’s breach and the...
Read MoreTorts. 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...
Read MoreKlinglesmith 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...
Read MoreEstate 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...
Read MoreJohn Charalambakis v. Asbury College COA PUB 2/7/2014 THOMPSON, JUDGE: John Charalambakis, a former professor at Asbury College, sued for employment discrimination, breach of contract and defamation. Charalambakis appeals from...
Read MoreLegal Malpractice, Premises Liability and “Suit Within a Suit” Tonia Freeman vs. Becker Law Office, Kevin Renfro, Bubalo Heistand & Rotman, and Dianne E. Sonne COA, Not Published 1/10/20014 This is a legal...
Read MoreA 4-3 decision announced this past week and authored by Chief Justice Minton should end nearly three years of parsing and quibbling over their earlier decision in Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky....
Read MoreCarberry vs. Golden Hawk Transportation Co. COA, PUB 6/21/2013 Citing the Flor-Shin two-prong test for negligent hiring and retention: Flor-Shin identifies the two elements necessary to prove a claim of negligent hiring and...
Read MoreThe following not to be published decision from the Court of Appeals addresses the duties owed to a licensee vs. an invitee and how the distinction made a difference to the plumber whose suit was dismissed and affirmed on...
Read MoreSeat Belt claim: Negligent restraint system. Nissan Motor Company, LTD vs. Amanda Maddox Published. 8/30/2013. Lincoln County (J. Tapp). COMBS, JUDGE: Nissan Motor Company, Ltd., and Nissan North America, Inc., (collectively,...
Read MoreThe Court of Appeals addresses causation and substantial factor in making the link from negligence to harm: ESTATE OF MABEL C. MOLONEY VS. BECKER OPINION AFFIRMING VANMETER (PRESIDING JUDGE) NICKELL (CONCURS) AND TAYLOR...
Read MoreThe published decision by the Court of Appeals in Moloney vs. Becker is just chock full of stuff. In addition to the standard of review law on motions for JNOV and directed verdict, we have a little legal rif on negligence per...
Read More247. Legal Malpractice, assignments and real party in interest; tolling of the statute of limitations. Davis vs. Scott, Hardin County BEFORE: CAPERTON, LAMBERT, AND NICKELL, JUDGES. COA, Not Published, 3/8/2013 NICKELL, JUDGE:...
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