Charles William Pearson v. Paula Pearson & Nationwide Reversing and Remanding. Jefferson (Perry J.) Trial judge erred on duty and foreseseeability of harm in granting summary judgement dismissing husband’s claims...
Read MoreMasterson vs. Siemens Industry, Inc. COA Not Published 10/31/2014; Affirming in part, reversing in part (Jefferson County, J. McDonald) In this nonpublished decision by the Kentucky Court of Appeals, a multitude of issues were...
Read MoreThe one-year state of limitations for most torts may be the law, and may work in many cases, but it can be way too short in this era of trying to figure out who the proper party is in this complex world of hide the ball from the...
Read MoreGeraldine 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...
Read MoreA detailed analysis was undertaken by the Court of Appeals addressing responsibilities and duties of the fiscal court and county road official for the operation and maintenance of county roads within the context of official...
Read MoreInsurance. Estoppel to deny coverage. Ohio Ca. Ins. Co. vs. Wellington Place Council of Co-Owners Homeowners Association COA NPO 1/10/2014 The COA affirmed the trial court’s determination that the insurance company was estopped...
Read MoreLegal Malpractice, Breach of fiduciary duty and fraud. Defense of collateral estoppel. Simpson vs. Stanley M. Chesley Kenton; Judge Gregory Bartlett Affirming COA, Not Published 11/27/2013 VANMETER, JUDGE: Appellants1 appeal...
Read MoreLegal Malpractice. Statute of Limitations.BDT Products, Inc. vs. Higgs, Fletcher & Mack12/13/2013 COA NPOFollowing a careful review, we find the circuit court erred when it concluded that BDT’s legal negligence complaint was...
Read MoreCourt of Appeals affirmed trial court and held that the police chase in this case did not entitle the police officer driver immunity from civil liability as a result of the collision that killed a passenger in the other car and...
Read More834. DEFENSES. IMMUNITY. COLEMAN (DEXTER), ET AL. VS. SMITH (WENDELL), GRANDPARENT AND GUARDIAN OPINION REVERSING AND REMANDING ACREE (PRESIDING JUDGE) CLAYTON (CONCURS) AND LAMBERT (CONCURS) 2011-CA-001276-MR TO BE PUBLISHED...
Read MoreThird party indemnity is always a bothersome concept with terms such as active-passive, primary-secondary, etc. entering into the lexicon. Recent nonpublished decision entitled Greenwell v. Lowes Home Centers, COA, NPO,...
Read MoreQualified official immunity was addressed in Gibson v. Hicks, COA, Pub., 7/27/2012: Qualified official immunity is not a mere defense but provides immunity from a claim. In Rowan County v. Sloas, 201 S.W.3d 469, 475 (Ky. 2006),...
Read MoreThe doctrine of res judicata stands for the principle that once the rights of the parties have been fully determined, litigation should end. It is an affirmative defense which operates to bar repetitious suits involving the same...
Read MoreThe following unpublished decision by the Court of Appeals offers some black letter law on the accrual of a tort claim applying the discovery rule on a premises liability case. Note the claimant fell in an obscure hole...
Read MoreSome panels and some judges continue to go on their own merry way on what is meant by the SCOKY in its McIntosh decision regarding premises liability and the open and obvious defense. Here the case went to jury which held the...
Read MoreRetired (and Senior Judge) Joseph Lambert’s decisions are almost always a breath of fresh air in succinctness, analysis, and lack of extraneous issues. In the following decision, Senior Judge Lambert addressed the...
Read MoreFrom WARD REALTY, LLC VS. ROY STOESS ESTATE, LLC, COA, NPO, 5/28/2012 2011-CA-000811-MR It is well settled that the doctrine of res judicata serves as a bar to repetitious lawsuits involving the same cause of action. Yeoman v....
Read MorePRICE V. YELLOW CAB CO. OF LOUISVILLECOA, PUBLISHEDJAN. 20, 2012 Res judicata is an affirmative defense that bars repetitious suits involving the same cause of action. Yeoman v. Commonwealth, Health Policy Board, 983 S.W.2d 459,...
Read MoreFLORENCE V. L.P.COA NPOJAN. 20, 2012 STUMBO, JUDGE: Joyce Florence, Mike Ernst, and Michael Bayless (hereinafter collectively referred to as the appellants) appeal from an order denying summary judgment based on qualified...
Read MoreFrom Kenney v. Cemex, Inc., COA, NPO, 3/25/2011 In its motion for summary judgment, Cemex argued that Kenney was barred from bringing any tort claim against it because he received workers’ compensation benefits from HS...
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